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UNITED STATES v. TUCKER

No. 80-1012.

638 F.2d 1292 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Vernon Horace TUCKER and Marion Benten Morton, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A.

Rehearing and Rehearing Denied April 16, 1981.

Attorney(s) appearing for the Case

R. L. Whitehead, Jr., Longview, Tex., William B. Baggett, Lake Charles, La., for defendants-appellants.

John H. Hannah, Jr., U. S. Atty., T. J. Baynham, Jr., Heriberto Madrano, Asst. U. S. Attys., Tyler, Tex., for plaintiff-appellee.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 16, 1981.

GEE, Circuit Judge:

The Hideaway Lounge was owned by Vernon Horace Tucker and managed by Marion Benten Morton during 1978 when the club was the subject of an FBI investigation of illegal gambling in Gregg County, Texas. The investigation resulted in the trial of Tucker, Morton, John James, Horace Hill, and Becky Teague for conducting an illegal gambling business in violation of 18 U.S.C. § 1955

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