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UNITED STATES v. CIVELLA

Nos. 75-1522, 75-1525, 75-1528, 75-1530 and 75-1532.

533 F.2d 1395 (1976)

UNITED STATES of America, Appellee, v. Nicholas CIVELLA, Appellant. UNITED STATES of America, Appellee, v. Anthony Thomas CIVELLA, Appellant. UNITED STATES of America, Appellee, v. Frank Anthony TOUSA, Appellant. UNITED STATES of America, Appellee, v. Joseph BARLETTA, Appellant. UNITED STATES of America, Appellee, v. Thomas FONTANELLO, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 16, 1976.

Rehearings Denied June 9, 1976.

Attorney(s) appearing for the Case

James Patrick Quinn, Quinn & Peebles, Kansas City, Mo., for appellant, Nicholas Civella.

Anthony J. Romano, Kansas City, Mo., for appellant, Anthony Thomas Civella.

Jerome F. Waterman, Kansas City, Mo., for appellant, Thomas Fontanello.

Michael A. DeFeo, Atty., Dept. of Justice, Kansas City, Mo., made argument for appellee.

Cordell Siegel, St. Louis, Mo., for all appellants.

Robert G. Duncan, Kansas City, Mo., for appellant, Frank Anthony Tousa.

Willard L. Pollard, Kansas City, Mo., for appellant, Joseph Barletta.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

HENLEY, Circuit Judge.

These five consolidated appeals come to us from the United States District Court for the Western District of Missouri. The defendants, Nicholas Civella, his nephew, Anthony Thomas Civella, Frank Anthony Tousa, Joseph Barletta and Thomas Fontanello, along with Martin Chess and Phillip Saladino, were jointly charged in the fifth count of a five count indictment with having unlawfully conspired in violation of 18 U.S.C. § 371 to violate the...

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