LEIBELL, District Judge.
The government moves to strike out defendant's plea in abatement to an indictment charging him with the use of the mails in furtherance of a scheme to defraud. The gravamen of the fraud charged in the indictment filed May 8, 1936, is that the defendant represented in the sale of participation certificates in the J. Edward Jones Royalty Trust, Series D, and F to K, inclusive, that he would place "oil royalties" in the trust, and instead placed...
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