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UNITED STATES v. CIVELLA

Nos. 80-1828, 80-1829 and 80-1844.

648 F.2d 1167 (1981)

UNITED STATES of America, Appellee, v. Nicholas CIVELLA, Appellant. UNITED STATES of America, Appellee, v. Peter TAMBURELLO, Appellant. UNITED STATES of America, Appellee, v. John TORTORA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1981.

Rehearing and Rehearing Denied June 10, 1981.

Attorney(s) appearing for the Case

Robert Beaird, Kansas City, Mo., for Peter Tamburello.

Richard Knight, Kansas City, Mo., for John Tortora.

Oscar B. Goodman, Las Vegas, Nev. (argued), and Byron Neal Fox, Kansas City, Mo., for Nicholas Civella.

Ronald S. Reed, Jr., U. S. Atty., W. D. Missouri, Sheryle L. Jeans, David B. B. Helfrey, Attys., U. S. Dept. of Justice, Kansas City, Mo., William C. Bryson, Atty., U. S. Dept. of Justice, Washington, D. C. (argued), for appellee.

Before ROSS, HENLEY and McMILLIAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 10, 1981.

ROSS, Circuit Judge.

On July 18, 1980, appellants Civella, Tamburello and Tortora were convicted by a jury on a two count indictment charging them with conspiring to bribe a public official1 and using the communication facilities in interstate commerce in carrying out their conspiracy.2 The evidence against...

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