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DiPIAZZA v. UNITED STATES

Nos. 18593, 18594.

415 F.2d 99 (1969)

Sam (Salvatore) DiPIAZZA, Defendant-Appellant, v. UNITED STATES, Plaintiff-Appellee. William Clyde DEMING, Defendant-Appellant, v. UNITED STATES, Plaintiff-Appellee.

United States Court of Appeals Sixth Circuit.

September 11, 1969.

Attorney(s) appearing for the Case

Guy Johnson, New Orleans, La., for appellant DiPiazza; Louis Di Rosa, New Orleans, La., Daniel Davies, New York City, on brief.

William J. Dammarell, and B. H. Berg, Cincinnati, Ohio, for appellant Deming; William J. Dammarell, Cincinnati, Ohio, on brief.

Edward T. Joyce, Atty., Dept. of Justice, Washington, D. C., for appellee; Fred M. Vinson, Jr., Asst. Atty. Gen., Philip R. Michael, Robert D. Gary, Attys., Dept. of Justice, Washington, D. C., on brief.

Before PHILLIPS and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PHILLIPS, Circuit Judge.

DiPiazza and Deming appeal from their convictions under 18 U.S.C. §§ 371 and 1952 on seven counts of use of interstate telephone facilities for carrying on a business enterprise of gambling in violation of state law and one count of conspiracy so to carry on that business. They were found guilty on all counts by a jury after a lengthy trial before District Judge David S. Porter.

The voluminous evidence introduced by the Government...

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