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UNITED STATES v. LaBARBERA

Nos. 18775, 18795 and 18796.

463 F.2d 988 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony LaBARBERA et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 8, 1972.

Rehearing Denied July 17, 1972.

Attorney(s) appearing for the Case

Sam Adam, Edward M. Genson, Chicago, Ill., Palmer K. Ward, Indianapolis, Ind., for defendants-appellants.

Stanley B. Miller, U. S. Atty., Indianapolis, Ind., William P. Cagney, Trial Atty., Organized Crime and Racketeering Section U. S. Dept. of Justice, Miami, Fla., for plaintiff-appellee.

Before KNOCH, Senior Circuit Judge, SPRECHER, Circuit Judge, and GRANT, District Judge.

GRANT, District Judge.

In this consolidated appeal all three defendants were jointly charged and found guilty of conspiring to violate 18 U.S.C. § 659. Defendants Ziemba and Lucas were further indicted in a second count, and each found guilty of the substantive offense which was the object of the conspiracy count.

Ziemba and Lucas allege error in the trial court's denial of their joint motion to dismiss the indictment based upon the alternate grounds...

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