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UNITED STATES v. ASHLEY

No. 77-5070.

569 F.2d 975 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Dr. Luther Lewis ASHLEY, Jr., and John Franklin Roper, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 26, 1978.

Attorney(s) appearing for the Case

P. Brantley Davis (Court-appointed), George S. Branch, Atlanta, Ga., for Ashley.

O. Fayrell Furr, Jr., Kermit S. King, Columbia, S. C., for Roper.

Wm. L. Harper, U. S. Atty., Jerome J. Froelich, Jr., Asst. U. S. Atty., Atlanta, Ga., Shirley Baccus-Lobel, Atty., T. George Gilinsky, Sidney M. Glazer, Dept. of Justice, Crim. Div., Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 26, 1978.

THORNBERRY, Circuit Judge:

This is a direct criminal appeal. The appellants, Dr. Luther Ashley and John Roper were convicted under a four count indictment alleging various Hobbs Act violations.1 The indictment charged that Ashley, Roper, and Loren Ralph Fossum attempted to extort $300,000 from Eastern Airlines. The government contends that Ashley and Fossum, while visiting...

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