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UNITED STATES v. COSTANZA

Nos. 76-1627, 76-1658 and 76-1668 to 76-1671.

549 F.2d 1126 (1977)

UNITED STATES of America, Appellee, v. John Anthony COSTANZA, Appellant. UNITED STATES of America, Appellee, v. Joseph Anthony BECCHINA, Appellant. UNITED STATES of America, Appellee, v. Thomas Joseph CIRCO, Appellant. UNITED STATES of America, Appellee, v. John Joseph SCIORTINO, Appellant. UNITED STATES of America, Appellee, v. Peter Joseph SIMONE, Appellant. UNITED STATES of America, Appellee, v. Frank TOUSA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed February 17, 1977.

Rehearing and Rehearing Denied March 10, 1977.

Attorney(s) appearing for the Case

Robert G. Duncan, Kansas City, Mo., for Costanza.

James L. Eisenbrandt, Mission, Kan., for Becchina, Circo and Sciortino.

Anthony J. Romano, Kansas City, Mo., for Circo, Sciortino and Simone; Ronald E. Partee and James R. Derting, Jr., Kansas City, Mo., on brief.

Lewis E. Pierce, Kansas City, Mo., for Tousa.

David B. Helfrey, Sp. Atty., U.S. Dept. of Justice, Bert C. Hurn, U.S. Atty., Kansas City, Mo., for appellee; William A. Keefer, Sp. Atty., U.S. Dept. of Justice, Kansas City, Mo., on brief.

Before STEPHENSON and HENLEY, Circuit Judges, and MEREDITH, District Judge.

Rehearing and Rehearing En Banc Denied in Nos. 76-1627 and 76-761 March 10, 1977.

HENLEY, Circuit Judge.

On December 10, 1975 a federal grand jury sitting in the Western District of Missouri returned a one count indictment charging ten individuals with having operated in Kansas City, Missouri over a period extending from about August 1, 1973 to about January 30, 1974 an organized, large scale, bookmaking operation...

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