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UNITED STATES v. JORDAN

No. 79-5683.

627 F.2d 683 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis S. JORDAN and Clyde H. Smith, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 10, 1980.

Attorney(s) appearing for the Case

Sterling G. Culpepper, Montgomery, Ala., for defendants-appellants.

David L. Allred, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before VANCE and GARZA, Circuit Judges, and ALLGOOD, District Judge.

ALLGOOD, District Judge:

Appellants, Dennis S. Jordan and Clyde H. Smith, appeal their convictions of conspiracy to defraud the United States, 18 U.S.C. § 371.1 The appellants contend that the evidence at the jury trial was insufficient to establish that either of them was engaged in a conspiracy. We affirm the conviction of Clyde Smith, but reverse the conviction of Dennis Jordan.

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