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UNITED STATES v. SHURSEN

Nos. 80-1801 to 80-1805, 80-1903 and 80-1926.

649 F.2d 1250 (1981)

UNITED STATES of America, Appellee, v. Thomas Lee SHURSEN, Appellant. UNITED STATES of America, Appellee, v. Thomas Gerald MOGREN, Appellant. UNITED STATES of America, Appellee, v. Gary Andrew SWANGSTUE, Appellant. UNITED STATES of America, Appellee, v. Roger McQUAID, Appellant. UNITED STATES of America, Appellee, v. Larry Raymond PRICE, Appellant. UNITED STATES of America, Appellee, v. Robert Eugene SHURSEN, Appellant, UNITED STATES of America, Appellee, v. John Ernest CAPRA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1981.

Rehearing and Rehearing Denied July 6, 1981.

Attorney(s) appearing for the Case

Thomas K. Berg, U. S. Atty., Richard E. Vosepka, Asst. U. S. Atty., District of Minnesota, (argued), Minneapolis, Minn., Dwight L. Pringle, Peter H. Bachman, Legal Interns, for appellee.

Meshbesher, Singer & Spence, Ltd., Ronald I. Meshbesher, Carol Grant, William J. Mauzy (argued), Minneapolis, Minn., for appellants.

Gray, Gill & Brinkman, Earl P. Gray (argued), St. Paul, Minn., for appellant Shursen.

Before HEANEY, Circuit Judge, PECK, Senior Circuit Judge, and HENLEY, Circuit Judge.

Rehearing and Rehearing En Banc Denied July 6, 1981.

HENLEY, Circuit Judge.

A grand jury charged that from September 11 to December 5, 1979 five or more persons, including the appellants, conducted an illegal gambling business in the style of a floating blackjack game, in violation of the laws of Minnesota, and that the gambling business had a gross revenue of $2,000.00 in a single day; in violation of 18 U.S.C....

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