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FOUNTAIN v. UNITED STATES

Nos. 23220, 23238.

384 F.2d 624 (1967)

Marion Francis FOUNTAIN and Roosevelt Tremble, Appellants, v. UNITED STATES of America, Appellee. Eugene J. MARSHALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 8, 1968.

Attorney(s) appearing for the Case

Eugene Tannenbaum, Miami, Fla., for appellants Fountain and Tremble.

Leonard R. Mellon, Miami, Fla., for appellant Marshall.

Aaron A. Foosaner, First Asst. U. S. Atty., Edward A. Kaufman, Asst. U. S. Atty., Miami, Fla., for appellee.

Before WISDOM and GODBOLD, Circuit Judges and McRAE, District Judge.

GODBOLD, Circuit Judge.

Appellants were law enforcement officers assigned to duties in Miami relating to narcotics enforcement.1 All were charged in a five-count indictment with conspiracy to violate 26 U.S.C.A. §§ 4704(a) and 4705(a) (illegal sale or distribution of narcotic drugs) and 18 U.S. C.A. § 201(b) (bribery of public official). In addition, Marshall was charged with four substantive counts of violating 18 U.S.C...

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