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FABIAN v. UNITED STATES

Nos. 17889, 17891.

358 F.2d 187 (1966)

Frank J. FABIAN, Appellant, v. UNITED STATES of America, Appellee. Joseph E. FABIAN, Appellant, v. UNITED STATES of America, Appellee. Robert P. SZALAY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

March 28, 1966.

Attorney(s) appearing for the Case

George O. Kanouff, Omaha, Neb., made argument for appellants and filed typewritten brief with Richard C. Sheridan, Omaha, Neb.

Jerry E. Williams, Asst. U. S. Atty., Des Moines, Iowa, made argument for appellee and filed brief with Philip T. Riley, former U. S. Atty.

Before MATTHES and GIBSON, Circuit Judges, and LARSON, District Judge.

LARSON, District Judge.

These are appeals from convictions by a jury on 16 Counts of mail fraud, 18 U.S.C. § 1341. Counts 2, 3, and 14 of the 19 Count indictment were not submitted to the jury. The scheme upon which the convictions are based was the sale of stereo sets on a chain referral system in the Des Moines, Iowa, area. Appellants now seek reversal of their convictions, based on these contentions:

1. The...

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