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UNITED STATES v. ALTOBELLA

Nos. 18254, 18255.

442 F.2d 310 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Frank ALTOBELLA and James Moxley, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied May 26, 1971.

Attorney(s) appearing for the Case

Thomas D. Decker, Ronald P. Alwin, Federal Defender Program, Chicago, Ill., for defendants-appellants.

Craig M. Bradley, Atty., Dept. of Justice, Criminal Div., Washington, D. C., William J. Bauer, U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Circuit Judge, KNOCH, Senior Circuit Judge, and STEVENS, Circuit Judge.

STEVENS, Circuit Judge.

The squalid facts of this case give rise to a serious question of federal jurisdiction. The record discloses a plain violation of the Illinois statute prohibiting extortion.1 The issue for us to decide is whether defendants are also guilty of violating either the federal conspiracy statute, 18 U.S.C. § 371, or the federal statute enacted in 1961 "to prohibit travel or transportation in commerce in aid of racketeering...

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