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UNITED STATES v. CASTOR

No. 76-2068.

558 F.2d 379 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Charles G. CASTOR, William T. Robinette, Henry Y. Dein and James A. James, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 1977.

Rehearing and Rehearing Denied August 9, 1977.

Attorney(s) appearing for the Case

Terrance A. Norton, Dept. of Justice, Strike Force, Chicago, Ill., James B. Young, U. S. Atty., Indianapolis, Ind., for plaintiff-appellant.

Philip R. Melangton, Jr., Indianapolis, Ind., Bernard Fensterwald, Jr., Washington, D. C., Donald A. Schabel, F. Boyd Hovde, Indianapolis, Ind., for defendants-appellees.

Before CASTLE, Senior Circuit Judge, and SPRECHER and BAUER, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 9, 1977.

BAUER, Circuit Judge.

The Government appeals, pursuant to 18 U.S.C. § 3731, the district court's dismissal of a mail fraud indictment returned against the defendants. The issues for our decision are whether the indictment alleges a fraudulent scheme within the scope of the mail fraud statute, 18 U.S.C. § 1341, and whether the indictment alleges mailings in furtherance of the alleged scheme. We...

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