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UNITED STATES v. MIDTAUNE

No. 78-1562.

589 F.2d 370 (1979)

UNITED STATES of America, Appellee, v. Arnold H. MIDTAUNE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 2, 1979.

Rehearing and Rehearing Denied January 24, 1979.

Attorney(s) appearing for the Case

John L. Weyland, Rogers & Weyland, Brooklyn Park, Minn., for appellant.

Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Andrew W. Danielson, U. S. Atty., Minneapolis, Minn., on the brief.

Before STEPHENSON, HENLEY and McMILLIAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 24, 1979.

STEPHENSON, Circuit Judge.

Defendant Arnold Midtaune appeals from a jury conviction on six counts of an indictment charging use of the mails in carrying out a scheme to defraud the Hennepin County Welfare Department and others of funds through the use of false claims for rent from welfare recipients (18 U.S.C. § 1341).1 The principal issue on this appeal is whether a...

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