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UNITED STATES v. RICHTER

No. 73-1395.

488 F.2d 170 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Jess David RICHTER et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 2, 1973.

Attorney(s) appearing for the Case

Harry J. McCarthy, Asst. U. S. Atty. (argued), Stan Pitkin, U. S. Atty., Irwin H. Schwartz, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellant.

M. John Bundy (argued), Thomas S. Wampold (argued), O. J. Humphrey, III, Anthony Savage, Jr., Jeremiah M. Long, Frank J. Conway, Robert L. Butler, Maurice Kadish, R. Terry Husseman, Seattle, Wash., Frank Payne, Federal Way, Wash., Clayton Harrington, Jr., Carnation, Wash., Michael E. Jones, Everett, Wash., for defendants-appellees.

Before CHAMBERS and WALLACE, Circuit Judges, and EAST, District Judge.

WALLACE, Circuit Judge:

The United States appeals from the district court's dismissal with prejudice of a two-count indictment. The indictment charged defendants-appellees with conspiratorial and substantive violations of various gambling laws.1

On November 2, 1972, defendant Rechichi moved to dismiss the first count of the indictment as duplicitous and also moved for discovery of the...

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