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LOHMAN v. UNITED STATES

No. 12857.

237 F.2d 645 (1956)

Walter C. LOHMAN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

October 25, 1956.

Attorney(s) appearing for the Case

David Scribner, New York City (J. Paul Prear, Dayton, Ohio, on the brief), for appellant.

James E. Rambo, Dayton, Ohio (Hugh K. Martin, Dayton, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

Following trial and verdict of guilty, appellant was sentenced on September 16, 1955 to five years imprisonment and a $5,000.00 fine for filing a false non-communist affidavit with the National Labor Relations Board, in violation of Sec. 1001, Title 18, U. S. Code. On September 20, 1955, he filed a motion for judgment of acquittal and in the alternate for a new trial.

On October 18, 1955, following an oral hearing, the...

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