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UNITED STATES v. MIKELBERG

No. 74-2518.

517 F.2d 246 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert MIKELBERG and Anthony F. Caterine, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 3, 1975.

Attorney(s) appearing for the Case

John H. Marks, Jr., Dallas, Tex. (Court appointed), for Herbert Mikelberg.

Arthur Mitchell, Austin, Tex., for Anthony F. Caterine.

Frank D. McCown, U. S. Atty., Roger J. Allen, Asst. U. S. Atty., Ft. Worth, Tex., Charles D. Cabaniss, Wm. F. Sanderson, Jr., Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, COLEMAN and ROSENN, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 3, 1975.

COLEMAN, Circuit Judge.

In 1970, as a part of an extensive Act dealing with federal deposit insurance, the maintenance of bank records, the report of certain currency transactions, "and for other purposes", the Congress legislated with reference to credit cards, now 15 U.S.C., § 1644, as follows:

"§ 1644. Fraudulent use of credit card "Whoever, in a transaction affecting interstate...

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