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UNITED STATES v. NACE

Nos. 76-1794, 75-3183 and 75-3509.

561 F.2d 763 (1977)

UNITED STATES of America, Appellee, v. Gale NACE and Nathan J. Warren, Sr., Appellants. UNITED STATES of America, Appellee, v. Ned WARREN, Sr., and Gale Nace, Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 8, 1977.

Attorney(s) appearing for the Case

Jordan L. Green, of Debus, Busby & Green Ltd., Phoenix, Ariz., John J. Flynn, of Flynn, Kimerer, Thinnes, Derrick & Lindholm, Phoenix, Ariz., argued for appellants.

Michael B. Scott, Asst. U. S. Atty., Phoenix, Ariz., Kevin F. O'Malley, Sp. Atty., Los Angeles, Cal., argued for appellee.

Before ELY, GOODWIN and ANDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 8, 1977.

OPINION

GOODWIN, Circuit Judge:

Gale Nace and Nathan Warren, Sr., appeal their convictions under 18 U.S.C. § 894 for using extortionate means to collect an extension of credit. The separate appeals have been consolidated because of the similarity of many of the issues.

This prosecution grew out of alleged threats made by Warren and Nace in their attempt to collect a loan from Edward...

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