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U.S. v. BROCK

No. 86-1902.

833 F.2d 519 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Olen Mack BROCK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 18, 1987.

Attorney(s) appearing for the Case

A. L. (Dusty) Rhodes, Rhodes, Heatherly & Myers, Abilene, Tex., for defendant-appellant.

James K. Blankinship, Asst. U.S. Atty., Austin, Tex., for plaintiff-appellee.

Before GOLDBERG, POLITZ, and DAVIS, Circuit Judges.

POLITZ, Circuit Judge:

Convicted by a jury of two counts of fraudulent participation in bank loans in violation of 18 U.S.C. § 1006, and of one count of misapplication of bank funds, 18 U.S.C. § 656, Olen Mack Brock appeals, contending that § 1006 does not apply to bank officers, that the court erred in allowing testimony by certain witnesses, and that the government failed to prove fraudulent intent. The government concedes that we should vacate the...

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