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SMITH v. UNITED STATES

No. 17278.

294 F.2d 771 (1961)

L. M. SMITH and Earl C. Corey, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Second Order September 14, 1961.

Attorney(s) appearing for the Case

Mautz, Souther, Spaulding, Kinsey & Williamson, by Bruce Spaulding and A. Allan Franzke, Portland, Or., for appellant L. M. Smith.

E. F. Bernard; Bernard, Bernard, Edwards & Hurley, Portland, Or., for appellant Earl C. Corey.

C. E. Luckey, U. S. Atty., and David Robinson, Jr., Asst. U. S. Atty., Portland, Or., for appellee.

Before CHAMBERS, BARNES and HAMLEY, Circuit Judges.

PER CURIAM.

Smith and Corey already are here on an appeal from judgment of conviction of federal crimes. Shortly before argument here, they moved in the district court for a new trial on the ground of newly discovered evidence. After submission here (the case is undecided), the district court denied the motions. From the denial of these motions, Smith and Corey now attempt appeals and send their notices forward. The clerk will mark the notices, "lodged, not filed...

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