UNITED STATES v. KAIL

Nos. 78-1633, 78-1643, 78-1772 and 78-1677.

612 F.2d 443 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Edward KAIL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Seymour BERGEN, Defendant-Appellant. UNITED STATES of America, v. Russell CALLAHAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Clarence Elden FREEMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended January 24, 1980.

Rehearing Denied February 13, 1980.


Attorney(s) appearing for the Case

Ronald Bain, Arthur J. Lewis, Los Angeles, Cal., for defendant-appellant.

Harvey T. Oringher, Sp. Atty. Los Angeles, Cal., for plaintiff-appellee.

Before WALLACE and TANG, Circuit Judges, and BATTIN, District Judge.


TANG, Circuit Judge.

The defendants, Edwin Kail, Seymour Bergen, Russell Callahan, and Clarence Freeman, together with two persons unnamed as defendants, were indicted on one count of conducting a gambling business, in violation of 18 U.S.C. § 1955. Bergen was also indicted on a second count, interstate transmission of wagering information, in violation of 18 U.S.C. §§ 1084 and 2. After they unsuccessfully moved to suppress evidence obtained by wiretaps...

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