DONOHOE, District Judge.
An indictment has been returned against the defendants, Phil Miller, Frank Sargent, and Francis B. Hearty, the first twenty counts of which are similar in content and charge in substance that at the times alleged:
(1) That Roberts Bros. & Rose Live Stock Commission Company, not herein indicated, was a partnership engaged in buying and selling livestock; that the defendant Phil Miller was an employee, to wit, a bookkeeper; that...
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