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UNITED STATES v. QUARRY

Nos. 77-1175 to 77-1178.

576 F.2d 830 (1978)

UNITED STATES of America, Appellant, v. William F. QUARRY, David William Russo, Bruce Lester Dempsey, and Mark Reeve Fowden, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 8, 1978.

Attorney(s) appearing for the Case

Steven W. Snarr, Asst. U. S. Atty., Ramon M. Child, U. S. Atty., for Utah, Salt Lake City, Utah, on brief, for appellant.

Phil L. Hansen, of Phil L. Hansen and Associates, Salt Lake City, Utah, for appellees, William F. Quarry (77-1175), Bruce Lester Dempsey (77-1177), and Mark Reeve Fowden (77-1178).

Dean R. Mitchell, Salt Lake City, Utah, for appellee, David William Russo (77-1176).

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

SETH, Chief Judge.

Seven defendants, including the appellees, were charged in an information with conducting an illegal gambling business in violation of 18 U.S.C. § 1955. Three other persons were charged in an indictment as participants in the same business, but the two cases were not consolidated.

The trial of the seven was concluded, and before the case was submitted to the jury, motions of two of the seven for judgments of acquittal were granted....

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