KIRKPATRICK, District Judge.
The defendants were tried upon an indictment charging them with conspiracy to violate the Act of June 13, 1934, C. 482, 40 U.S.C., § 276b, 40 U.S.C.A. § 276b, commonly called the "Kick-Back" Act. Trial by jury was waived. A summary of the evidence is as follows:
The two defendant were partners as painting contractors in December, 1934. They received a subcontract (oral and informal) for the refinishing of certain doors...
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