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ANGELINI v. ILLINOIS BELL TELEPHONE COMPANY

No. 17156.

418 F.2d 111 (1969)

Donald J. ANGELINI, doing business under the name and style of Angel and Kaplan Sports News Service, Plaintiff-Appellant, v. ILLINOIS BELL TELEPHONE COMPANY, an Illinois Corporation, Defendant-Appellee, and United States of America, Defendant-Intervenor Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 2, 1969.

Attorney(s) appearing for the Case

Anna R. Lavin, Edward J. Calihan, Jr., Chicago, Ill., for plaintiff-appellant.

Thomas A. Foran, U. S. Atty., for defendant-intervenor-appellee the United States; John Peter Lulinski, Jack B. Schmetterer, Asst. U. S. Attys., of counsel.

Donald H. Sharp, Robert V. R. Dalenberg, Alan N. Baker, Chicago, Ill., for defendant-appellee.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.

DUFFY, Senior Circuit Judge.

The principal issue for us to decide in this case is whether Ill.Rev.Stats. Ch. 38, § 28-1(a) (10), which forbids knowing telephone transmission of "information as to wagers, betting odds, or changes in betting odds", may, consistently with freedom of speech, be applied to a telephone subscriber who does not accept wagers but supplies odds quotations to bookmakers and gamblers, so as to bring him within 18 U.S.C. § 1084(d), which...

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