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UNITED STATES v. COLE

No. 80-7543.

670 F.2d 35 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel C. COLE and Daniel R. Cole, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B.

March 11, 1982.

Attorney(s) appearing for the Case

Edward T. M. Garland, Steven H. Sadow, Atlanta, Ga., for Daniel C. Cole.

William R. Gignilliat, Atlanta, Ga. (Court-appointed), for Daniel R. Cole.

Charles S. Saphos, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before HILL, Circuit Judge, SMITH, Judge, and HENDERSON, Circuit Judge.

SMITH, Judge:

Daniel C. Cole and his son, Daniel R. Cole,1 were indicted on February 12, 1980. The twenty-six count indictment alleged the use of the mails to defraud insurance companies in violation of 18 U.S.C. § 1341 (1976) and conspiracy to commit mail fraud in violation of 18 U.S.C. § 371 (1976).2

Defendants were charged with participating in...

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