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UNITED STATES v. GEBHART

Nos. 20425-20427.

441 F.2d 1261 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. George Serian GEBHART, David Fleming Whitfield, Harold Cordell Smith, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

May 7, 1971.

Attorney(s) appearing for the Case

Peter F. Beasley, Covington, Ky. (James L. Cobb, Jr., Covington, Ky., and Morris Weintraub, Newport, Ky., on the brief), for appellants.

Maurice K. Merten, Dept. of Justice, San Francisco, Cal. (Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., Mark W. Perrin, Robert Gary, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before CELEBREZZE and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

CELEBREZZE, Circuit Judge.

This is an appeal from the United States District Court for the Eastern District of Kentucky. Appellants were indicted on four counts of using and one count of conspiring to use the facilities of interstate commerce to promote gambling in violation of 18 U.S.C. §§ 1952(a) (3) and (b) (1954).1 Appellants were convicted on each of the counts for which indicted and sentenced to concurrent sentences of...

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