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UNITED STATES v. KILGORE

No. 71-3559.

518 F.2d 496 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Hay KILGORE and Sam Green, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 12, 1975.

Attorney(s) appearing for the Case

James Edward Green, Van Nuys, Cal., for Kilgore.

E. David Rosen, Miami, Fla., for Green.

Robert W. Rust, U. S. Atty., Miami, Fla., Sidney M. Glazer, John J. Robinson, Attys., Dept. of Justice, R. H. Wallace, Appellate Section, Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before RIVES, GEWIN and GOLDBERG, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 12, 1975. See 524 F.2d 957.

GOLDBERG, Circuit Judge:

Kilgore and Green were convicted by a jury of conspiring to violate and of violating 18 U.S.C. § 1952, which prohibits the use of a facility in interstate commerce for gambling activity. The evidence was that Kilgore had transmitted information by telephone from California to Green in Florida. Green then transmitted this...

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