United States v. Mitchell

FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM AND ORDER

CAMPBELL, Chief Judge:

This case was tried before Judge Fred L. Wham without a jury in May of 1965. At the conclusion of the trial both parties requested an opportunity to submit briefs on the factual and legal issues. Before these briefs could be prepared and filed, Judge Wham was unfortunately taken ill and was unable to proceed with the final determination of this case.

The case was reassigned to me by the Executive Committee of this court on October 21, 1965. Extensive briefs have now been filed by the parties. Since the transcript…