OPINION
PETTINE, Senior District Judge.
The issue in this case is whether the delivery of loan proceeds to a party other than the borrower constitutes the willful misapplication of bank funds as that term is used in 18 U.S.C. section 656.
The defendant, Dale F. Benson, was indicted on a five-count indictment setting forth violations of 18 U.S.C. section 1005 and 18 U.S.C. section 2. The case was tried before this Court on June 7, 8, 9 and 19. At...
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