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UNITED STATES v. NESS

No. 81-1218.

665 F.2d 248 (1981)

UNITED STATES of America, Appellee, v. Russell L. NESS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 8, 1981.

Rehearing and Rehearing Denied December 30, 1981.

Attorney(s) appearing for the Case

David V. Vrooman, argued, Sioux Falls, S. D., William R. Glaeser, Waconia, Minn., for appellant.

Terry L. Pechota, U. S. Atty. for South Dakota, Bonnie P. Ulrich, Asst. U. S. Atty., Sioux Falls, S. D., for appellee.

Before HENLEY and McMILLIAN, Circuit Judges, and COLLINSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied December 30, 1981.

COLLINSON, Senior District Judge.

The appellant, Russell L. Ness, appeals from a conviction by a United States District Court jury of ten (10) counts of misapplication of bank funds, all in violation of Title 18, U.S.C. § 656. The trial court1 suspended imposition of sentence and Ness was placed on probation for two (2) years on each count, ordered to pay a fine of...

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