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UNITED STATES v. MARLEY

No. 76-1759.

549 F.2d 561 (1977)

UNITED STATES of America, Appellee, v. Harry Don MARLEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1977.

Attorney(s) appearing for the Case

J. Patrick Green, Omaha, Neb., for appellant; Thomas McQuade, Omaha, Neb., on brief.

Daniel E. Wherry, U. S. Atty., Omaha, Neb., for appellee.

Before MATTHES, Senior Circuit Judge, and STEPHENSON and WEBSTER, Circuit Judges.

STEPHENSON, Circuit Judge.

Appellant Harry Don Marley appeals from his conviction by the district court1 of one count (Count XXVI) of wire fraud in violation of 18 U.S.C. §§ 1343 and 2.2 The subject of the count was a telephone communication which occurred November 11, 1974, between Marley and Marion Bonham of York, Nebraska, made in furtherance of a scheme to defraud Nebraska grain elevator operators...

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