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UNITED STATES v. BOWDACH

No. 71-2304.

501 F.2d 220 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Gary BOWDACH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 21, 1974.

Attorney(s) appearing for the Case

Daniel S. Pearson, Miami, Fla. (Court-appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Miami, Fla., James H. Walsh, Atty., Dept. of Justice, Tampa, Fla., John J. Robinson, Atty., Dept. of Justice, Washington, D. C., Gary Betz, Asst. U. S. Atty., Dept. of Justice, Strike Force, Miami, Fla., for plaintiff-appellee.

Before TUTTLE, GEWIN and THORNBERRY, Circuit Judges.

TUTTLE, Circuit Judge:

A grand jury for the Southern District of Florida indicted Gary Bowdach, Louis Joseph ("Chick") Cicchini, Stanley ("Sonny") Brock and Gaetano Thomas ("Tom") Milici on November 19, 1970, for twenty-three violations of the Extortionate Credit Transactions Act, 18 U.S.C. § 891 et seq. Appellant Bowdach moved to dismiss the indictment on the ground that Rule 6(d) of the Federal Rules of Criminal Procedure had been violated by the presence of...

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