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UNITED STATES v. TONEY

No. 77-5841.

598 F.2d 1349 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. James Finis TONEY, Jr., and John H. Stewart, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 18, 1979.

Attorney(s) appearing for the Case

Charles D. Read, Jr., Decatur, Ga., for defendants-appellants.

Hugh E. Mabe, III, Atty., Dept. of Justice, Fraud Sect., Washington, D.C., Thomas E. Morris, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before WISDOM, GODBOLD and TJOFLAT, Circuit Judges:

GODBOLD, Circuit Judge:

Appellants Toney and Stewart were charged with engaging in a scheme to defraud in connection with the sale of distributorships for a dehydrated food product. They were convicted by a jury of two counts of using the U.S. mails for the purpose of executing a scheme to defraud, in violation of 18 U.S.C. § 1341.1 Toney and Stewart raise four contentions of error. First, the two uses of the mails charged in the...

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