UNITED STATES v. CHEIMAN

No. 77-5174.

578 F.2d 160 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Fred CHEIMAN and Nick Sardelis, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 26, 1978.


Attorney(s) appearing for the Case

James K. Robinson, U. S. Atty., Detroit, Mich., John L. Newcomer, Sp. Atty., Detroit Strike Force, Detroit, Mich., Patty Ellen Merkamp, c/o T. George Gilinsky, Washington, D. C., for plaintiff-appellant.

Norman L. Lippitt, Warren J. Perlove, Lippitt, Harrison, Perlove, Friedman & Zack, Southfield, Mich., for defendants-appellees.

Before WEICK, CELEBREZZE and MERRITT, Circuit Judges.


MERRITT, Circuit Judge.

The defendants were convicted of violating the 1968 Act prohibiting "extortionate credit transactions," 18 U.S.C. §§ 891-896, by threatening another with bodily harm for the purpose of collecting a false claim of indebtedness. The District Court set aside the jury verdict on grounds that the case "does not come within the class of activity Congress sought to prohibit," and the government appeals.

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