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UNITED STATES v. ALPERN

Nos. 76-1347, 76-1348, 76-1367 and 76-1368.

564 F.2d 755 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip ALPERN, Paul Baker, John Mierlak and Aubra Peters, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 1977.

Attorney(s) appearing for the Case

Anthony M. Rocco, Franklin Park, Ill., William T. Huyck, Chicago, Ill., William H. Kampenga, Oak Lawn, Ill., Zenon Forowycz, Carl T. Robinson, Chicago, Ill., William H. Kampenga, Oak Lawn, Ill., for defendants-appellants.

Samuel K. Skinner, U. S. Atty., Robert Walter Tarun, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Circuit Judge, and SPRECHER and BAUER, Circuit Judges.

BAUER, Circuit Judge.

Following a jury trial, defendants-appellants were convicted of conspiring to bomb a tavern engaged in interstate commerce and of various substantive offenses committed in the course of the conspiracy. They seek reversal of their convictions on several grounds. Mierlak, who was convicted of unlawful possession of an explosive device and of conspiracy, claims that the district court erred in refusing his requests for a bench trial and a severance...

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