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U.S. v. MESSINO

No. 99-1674.

181 F.3d 826 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher R. MESSINO and Clement A. Messino, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1999.

Attorney(s) appearing for the Case

Barry Rand Elden, Chief of Appeals (argued), Office of the United States Attorney, Criminal Division, Chicago, IL, for Plaintiff-Appellant.

Marc W. Martin (argued), Chicago, IL, for Defendant-Appellee Christopher R. Messino.

Douglas P. Roller (argued), Roller & Associates, Chicago, IL, for Defendant-Appellee Clement A. Messino.

Before BAUER, MANION, and KANNE, Circuit Judges.

BAUER, Circuit Judge.

Shortly before the ordered starting date of Christopher ("Dick") and Clement Messino's trial, the government announced that it intended to call William Underwood ("Underwood"), the Messinos' co-conspirator, as a witness. The Messinos objected on the grounds that Dick Messino's attorney had previously represented Underwood. The district court issued an order barring Underwood's testimony in order to remedy the conflict of interest. The government...

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