VOGEL, District Judge.
Defendant herein was duly indicted by a Grand Jury on September 24, 1936. The indictment is in two counts and is based on a violation of Section 588b, Title 12 U.S.C. A., which provided as follows:
"§ 588a. Definition.
"As used in section 588b of this title the term `bank' includes any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized...
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