UNITED STATES v. CAPPETTO

No. 74-1350.

502 F.2d 1351 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard L. CAPPETTO, Individually and doing business as Western Avenue Billiards, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 4, 1974.

Rehearing Denied October 1, 1974.


Attorney(s) appearing for the Case

Melvyn L. Segal, Melvin B. Lewis, Chicago, Ill., for defendants-appellants.

James R. Thompson, U. S. Atty., Gary L. Starkman, John B. Simon, Robert B. Schaefer, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before STEVENS, SPRECHER and TONE, Circuit Judges.


TONE, Circuit Judge.

The constitutionality of the civil remedies provision of the Organized Crime Control Act of 1970 (18 U.S.C. § 1964) is challenged in this appeal from an order granting a preliminary injunction against further gambling activities, a related default order, and a contempt order.

The provisions of the Act pertinent here provide as follows: Section 1955 of Title 18 makes it an offense to participate in an illegal gambling business, which...

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