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UNITED STATES v. BERGLAND

No. 14031.

318 F.2d 159 (1963)

UNITED STATES of America, Plaintiff-Appellant, v. Robert Archie BERGLAND, Charles Elmer Cantrell, and William Gordon Donahue, a/k/a Bill Fletcher, Defendant-Appellees.

United States Court of Appeals Seventh Circuit.

June 3, 1963.

Attorney(s) appearing for the Case

William J. Mulligan, Asst. U. S. Atty., Milwaukee, Wis., Herbert J. Miller, Jr., Asst. Atty. Gen., Criminal Division, James B. Brennan, U. S. Atty., Edward T. Joyce, Brian T. Gettings, Attorneys, Department of Justice, Milwaukee, Wis., for appellant.

James M. Shellow, Dominic H. Frinzi, Gordon A. Borman, and Nicholas C. Catania, Milwaukee, Wis., Shellow & Shellow, Milwaukee, Wis., of counsel, for appellees.

Before HASTINGS, Chief Judge, and DUFFY and SWYGERT, Circuit Judges.

DUFFY, Circuit Judge.

This is an appeal from an order of the District Court, granting defendants' motion to dismiss the indictment. The defendants were charged in a three-count indictment with violating and conspiring to violate Title 18, §§ 1084 and 1952, United States Code.

Section 1084, Title 18, provides in pertinent part:

"(a) Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for...

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