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UNITED STATES v. GALLAGHER

No. 17937.

437 F.2d 1191 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Neil GALLAGHER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied March 16, 1971.

Attorney(s) appearing for the Case

Frederick F. Cohn, Julius Lucius Echeles, Harvey J. Powers, Chicago, Ill., for defendant-appellant.

William J. Bauer, U. S. Atty., Michael D. Marrs, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before CASTLE, Senior Circuit Judge, and CUMMINGS and STEVENS, Circuit Judges.

CASTLE, Senior Circuit Judge.

The defendant-appellant, Neil Gallagher, was convicted of conspiracy1 to violate 18 U.S.C.A. § 1343. The conspiracy offense was charged in Count VIII, the last count, of an indictment naming the defendant-appellant and his brother, Thomas Gallagher, as defendants. The first seven counts of the indictment charged both of the defendants with substantive offenses — the use of interstate telephone...

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