Legal Opinion

Louis Joseph Abbate, Michael Louis Falcone, Charles G. Perry and James Shelby v. United States

Court of Appeals for the Fifth Circuit

Decided September 9, 1957No. 16226PublishedCited by 7 opinions

1Opinion of the Court

RIVES, Circuit Judge.

The four appellants were jointly indicted for conspiring 1 to commit the offense denounced by 18 U.S.C.A. § 1362, 2 that is, willfully or maliciously to injure or destroy means of communication operated or controlled by the United States. The overt acts charged extended over a period of ten days, from April 19 to April 28, 1955. A strike was then going on by the Communication Workers of America, CIO, against the Southern Bell Telephone and Telegraph Company. 3

The defendants Shelby and Perry were officers of the Communication Workers of America, Shelby being an assistant…

2Cases cited14 opinions

  1. Pereira v. United StatesSupreme Court of the United States · 1954
  2. Krulewitch v. United StatesSupreme Court of the United States · 1949
  3. Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
  4. Lutwak v. United StatesSupreme Court of the United States · 1953
  5. Delli Paoli v. United StatesSupreme Court of the United States · 1957

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3Cited by7 opinions

  1. Abbate v. United StatesSupreme Court of the United States · 1959
  2. Benjamin L. Hoopengarner v. United StatesCourt of Appeals for the Sixth Circuit · 1959
  3. United States v. Anthony Joseph ZambitoCourt of Appeals for the Fourth Circuit · 1963
  4. State v. SinclairSupreme Court of New Jersey · 1970
  5. Benjamin Indiviglio, Rose Diaz, Veto Giordenello, Anthony Phillip Kolm and Daniel William Mitchell v. United StatesCourt of Appeals for the Fifth Circuit · 1957

2 more not listed; retrieve them via the Exa API.

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