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UNITED STATES v. CARLSON

No. 79-1341.

616 F.2d 446 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Gordon B. CARLSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 27, 1980.

Attorney(s) appearing for the Case

Gene Huntley, Baker, Mont., for defendant-appellant.

Lorraine Gallinger, Asst. U. S. Atty., Billings, Mont., for plaintiff-appellee.

Before MERRILL, ANDERSON and SCHROEDER, Circuit Judges.

MERRILL, Circuit Judge:

Appellant was convicted of three counts (counts X, XVI and XVII of the grand jury indictment) of misapplying bank funds in violation of 18 U.S.C. § 656.1 Count X read as follows:

"On or about the 25th day of March, 1976, in the District of Montana, GORDON B. CARLSON, being an officer, that is President of the 1st National Bank of Hinsdale, a member Bank of the Federal Reserve System, with intent to...

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