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ABBATE v. UNITED STATES

No. 16226.

247 F.2d 410 (1957)

Louis Joseph ABBATE, Michael Louis Falcone, Charles G. Perry and James Shelby, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 9, 1957.

Attorney(s) appearing for the Case

Charles A. Bellows, Chicago, Ill., Frank F. Mize, Forest, Miss., Quitman Ross, Laurel, Miss., and Jason Ernest Bellows, Chicago, Ill., for appellants, Louis Joseph Abbate and Michael Louis Falcone.

Robert E. Hauberg, U. S. Atty., Richard T. Watson, Asst. U. S. Atty., Jackson, Miss., for appellee.

Before RIVES, JONES, and BROWN. Circuit Judges.

RIVES, Circuit Judge.

The four appellants were jointly indicted for conspiring1 to commit the offense denounced by 18 U.S.C.A. § 1362,2 that is, willfully or maliciously to injure or destroy means of communication operated or controlled by the United States. The overt acts charged extended over a period of ten days, from April 19 to April 28, 1955. A strike was then going on by the Communication Workers...

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