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UNITED STATES v. HYDE

No. 27777.

448 F.2d 815 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar E. HYDE et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 23, 1971.

Attorney(s) appearing for the Case

L. Drew Redden, R. Merritt, Rogers, Rogers, Howard, Redden & Mills, Birmingham, Ala., for Oscar E. Hyde.

James M. Fullan, Jr., Beddow, Embry & Beddow, Birmingham, Ala., for Richmond M. Flowers.

Reber F. Boult, Jr., Staff Counsel, The Roger Baldwin Foundation of ACLU, Inc., Charles Morgan, Jr., Director, Atlanta, Ga., for Joe B. Gantt; Melvin L. Wulf, Eleanor Holmes Norton, New York City, of counsel.

Wayman G. Sherrer, U. S. Atty., R. Macey Taylor, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before RIVES, WISDOM, and CLARK, Circuit Judges.

WISDOM, Circuit Judge:

Oscar E. Hyde, Richmond Flowers, Joe Breck Gantt, and James C. Kelly, were charged with extortion and conspiracy to extort1 in violation of the Hobbs Act, 18 U.S.C. § 1951.2 By statutory definition the extortion must affect interstate commerce. Shortly before the trial, Kelly suffered a heart attack and the court granted Kelly's motion for a continuance and a severance. (See Part...

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