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In United States v. Mann, the United States Court of Appeals for the Fifth Circuit upheld the validity of an indictment' which had charged defendant Mann, chief executive officer of the First National Bank of Waco, Texas, together with co-defendant Bank of the Southwest with conspiracy to willfully misapply the funds of Waco, through the maintenance of a non-interest bearing compensating balance at Southwest in return for a loan to Mann at preferential interest rates, in violation of 18 U.S.C.A. §656. The district court had dismissed the indictment for insufficiency and the United States appealed.