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SNODGRASS v. UNITED STATES

No. 17484.

326 F.2d 409 (1964)

Jack A. SNODGRASS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

January 22, 1964.

Attorney(s) appearing for the Case

Upton B. Kepford, Waterloo, Iowa, for appellant.

Donald E. O'Brien, U. S. Atty., Sioux City, Iowa, for appellee.

Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.

PER CURIAM.

The appeal is from an order denying appellant's motion to dismiss the indictment against him. The United States has moved to dismiss the appeal on the grounds that the order is not a final decision so as to be subject to a right of appeal under 28 U.S.C.A. § 1291, nor is it within the interlocutory orders enumerated in 28 U.S.C.A. § 1292 as to which an appeal is permitted by that section.

Clearly, the denial of a motion to dismiss an...

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