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UNITED STATES v. WITSCHNER

No. 80-1054.

624 F.2d 840 (1980)

UNITED STATES of America, Appellee, v. Ira Keith WITSCHNER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 3, 1980.

Rehearing and Rehearing Denied July 29, 1980.

Attorney(s) appearing for the Case

James P. Quinn, Kansas City, Mo., argued, for appellant; Philip F. Cardarella, Kansas City, Mo., on brief.

Edward D. Holmes, Atty., U. S. Dept. of Justice, Kansas City, Mo., argued, for appellee; Ronald S. Reed, Jr., U. S. Atty., Kansas City, Mo., on brief.

Before HENLEY and McMILLIAN, Circuit Judges, and ROY, District Judge.

Rehearing and Rehearing En Banc Denied July 29, 1980.

HENLEY, Circuit Judge.

Appellant Ira Keith Witschner is an attorney who was indicted for mail fraud in June, 1979 together with a fellow attorney, Joseph Mounter. The nineteen-count indictment alleged use of the mails to defraud insurance companies in violation of 18 U.S.C. § 1341, and conspiracy to commit mail fraud in violation of 18 U.S.C. § 371. Of...

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