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UNITED STATES OF AMERICA v. RIZZO

Nos. 17149-17151.

418 F.2d 71 (1969)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Tommy RIZZO, Frank Tornabene and Sam Elia, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearings Denied November 17, 1969.

Attorney(s) appearing for the Case

Jerome Rotenberg, John Powers Crowley, Edward J. Calihan, Jr., Chicago, Ill., for defendants-appellants.

Thomas A. Foran, U. S. Atty., Chicago, Ill., for plaintiff-appellee; John Peter Lulinski, Michael B. Nash, Eugene Robinson, Asst. U. S. Attys., Chicago, Ill., of counsel.

Before SWYGERT and FAIRCHILD, Circuit Judges, and MORGAN, District Judge.

Rehearings Denied in No. 17150, 17151 November 17, 1969.

ROBERT D. MORGAN, District Judge.

A jury found defendants guilty upon all counts of a six-count indictment. Each has appealed the judgment entered thereon, committing him to the custody of the Attorney General of the United States for a period of five years on each count.2 All sentences are concurrent.

We first consider defendants' challenge to the indictment.

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