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UNITED STATES v. BOWSER

No. 75-2435.

532 F.2d 1318 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis BOWSER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 9, 1976.

Attorney(s) appearing for the Case

Frederic S. Baker (argued), San Francisco, Cal., for defendant-appellant.

Janet Aitken, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and CHRISTENSEN, District Judge.

Rehearing and Rehearing En Banc Denied June 9, 1976.

OPINION

CHRISTENSEN, District Judge.

The larceny from the bank may have been a fake as far as the appellant and a coconspirator teller were concerned; it was very real as to the bank from which more than $5,000 of its money was taken and carried away without its consent by a third conspirator according to the proofs of the government. This distinction leads to our rejection of the primary contention...

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