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UNITED STATES v. MACKEY

No. 76-2500.

551 F.2d 967 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. George Franklin MACKEY, Jr., Leroy Crist and Michael J. Gouglas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 5, 1977.

Attorney(s) appearing for the Case

Robert J. Randolph, Stuart, Fla., for defendants-appellants.

Robert W. Rust, U. S. Atty., Don R. Boswell, Nathaniel H. Speights, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.

CLARK, Circuit Judge:

George Franklin Mackey, Jr., Leroy Crist and Michael Gouglas raise one issue on this appeal from their convictions for conducting and conspiracy to conduct an illegal gambling operation in violation of 18 U.S.C. §§ 371 & 1955. Defendants contend that reversible error occurred when the trial court failed to strike testimony of witnesses who were unindicted coconspirators with the defendants but who were not disclosed as such in response...

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