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UNITED STATES v. BABORIAN

C.R. No. 80-0018.

528 F.Supp. 324 (1981)

UNITED STATES of America v. Robert BABORIAN and Anthony Lauro.

United States District Court, D. Rhode Island.

November 25, 1981.

Attorney(s) appearing for the Case

James Leavey, Sp. Atty., U.S. Dept. of Justice, Providence, R.I., for plaintiff.

John Tramonti, Jr., Providence, R.I., for Baborian.

Ralph Gonnella, Providence, R.I., for Lauro.

OPINION

PETTINE, Chief Judge.

The defendants are accused of violating 18 U.S.C. §§ 2 and 1084.1 Though a jury was impanelled, it was subsequently excused, and the case was tried to the Court by agreement of the parties.

The major question presented is whether or not the activities of the defendant Baborian constituted the "business of betting or wagering." 18 U.S.C. § 1084(a) reads as follows:

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