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UNITED STATES v. MORRISON

No. 75-1161.

531 F.2d 1089 (1976)

UNITED STATES of America, Appellee, v. David B. MORRISON, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided March 15, 1976.

Attorney(s) appearing for the Case

Robert W. Harrington, Boston, Mass., with whom Judith E. Diamond and Harrington & Gormley, Boston, Mass., were on brief, for appellant.

Daniel F. Featherston, Jr., and Featherston, Homans & Griffin, Boston, Mass., on brief as amicus curiae.

Sidney M. Glazer, Atty., Dept. of Justice, Washington, D. C., with whom James N. Gabriel, U. S. Atty., and Jeremiah T. O'Sullivan, Special Atty., Dept. of Justice, Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

After trial to a jury, appellant was convicted of conducting an illegal gambling business in violation of 18 U.S.C. § 1955. On this appeal he presents a number of claims which may be briefly summarized as follows. Appellant contends that the indictment returned by the grand jury was invalid because the United States Attorney appearing before it was not properly authorized to conduct the inquiry...

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