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UNITED STATES v. DIADONE

Nos. 75-2991, 75-3222.

558 F.2d 775 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Paul DIADONE, John Eli Stone, Richard Carl Biggs, Reuben Goldstein, and John Denton Ritter, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. James William "Puny" WINNINGHAM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 14, 1977.

Attorney(s) appearing for the Case

L. W. Westerlage (Court-appointed), Dallas, Tex., for Diadone.

Lester L. May, Kenneth Herridge, Dallas, Tex., for Stone & Biggs.

Douglas G. Crosby, Stephen Stein, Las Vegas, Nev., for Goldstein.

Cecil Emerson, Robert T. Baskett, Dallas, Tex., for Ritter.

Frank D. McCown, U. S. Atty., Fort Worth, Tex., Judith A. Shepherd, Charles D. Cabaniss, Robert C. Prather, Asst. U. S. Attys., Dallas, Tex., for plaintiffs-appellees.

Warren E. Burnett, Richard J. Clarkson, Odessa, Tex., for Winningham.

Before TUTTLE, THORNBERRY and TJOFLAT, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 14, 1977.

THORNBERRY, Circuit Judge:

Appellants, defendants below, stand convicted of (1) conducting an illegal gambling business in violation of 18 U.S.C. § 1955, and (2) using wire communications in interstate commerce to engage in the business of betting or wagering in violation of 18 U.S.C. § 1084.1 Much of the evidence was stipulated, and most of it emerged through wiretaps...

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