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UNITED STATES v. O'BRIEN

Nos. 78-1970, 78-1972 and 78-1982.

618 F.2d 1234 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Morgan O'BRIEN, Donald Sheehy, and David Mizaur, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 8, 1980.

Rehearing and Rehearing Denied May 6, 1980.

Attorney(s) appearing for the Case

John A. Meyer, Chicago, Ill., for Sheehy.

Kenneth L. Cunniff, Chicago, Ill., for Mizaur.

Jeffrey Steinback, Chicago, Ill., for O'Brien.

Thomas P. Sullivan, U. S. Atty., Gerald J. Rafferty, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before SPRECHER and WOOD, Circuit Judges, and CAMPBELL, Senior District Judge.

Rehearing and Rehearing In Banc Denied May 6, 1980.

WILLIAM J. CAMPBELL, Senior District Judge.

Appellants were convicted of conspiring to commit fraud by wire communication, in violation of 18 U.S.C. § 371, and of actual wire fraud, in violation of 18 U.S.C. § 1343.

The indictment alleged that in June of 1974, appellants O'Brien, Mizaur, Sheehy, and others1 conspired together to devise a scheme to defraud various...

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