UNITED STATES v. BRIOLA

Nos. 71-1615, 72-1246.

465 F.2d 1018 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph BRIOLA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 27, 1972.


Attorney(s) appearing for the Case

James L. Treece, U. S. Atty., and Richard J. Spelts, Asst. U. S. Atty., for plaintiff-appellee.

John J. Flynn and Michael D. Kimerer of Flynn, Kimerer, Thinnes & Galbraith, Phoenix, Ariz., for defendant-appellant.

Before LEWIS, Chief Judge, and KILKENNY and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

In this case the defendant-appellant, Joseph Briola, was charged with having knowingly and wilfully used extortionate means, contrary to § 891(7) of Title 18, United States Code,1 in attempting to collect from one Donald Meyer, an extension of credit. The indictment further charged that the defendant, together with one James R. Clapes, who was not named as...

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