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UNITED STATES v. NELLIGAN

No. 77-5403.

573 F.2d 251 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Luke A. NELLIGAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 19, 1978.

Attorney(s) appearing for the Case

Denis Dean, Miami, Fla. (Court-appointed), for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., James E. McDonald, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COWEN, Senior Judge, GOLDBERG and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

Luke A. Nelligan appeals from his conviction by a jury of defrauding the telephone company in violation of 18 U.S.C. § 1343.1 Defendant contends that his conviction should be reversed because a tape of a telephone conversation involving defendant was improperly admitted into evidence and because the federal prosecution was brought subsequent to a state charge regarding the same conduct, in violation of the...

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