PIERCE v. UNITED STATES

No. 23409.

416 F.2d 970 (1969)

Ed PIERCE, Plaintiff-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 17, 1969.


Attorney(s) appearing for the Case

Richard G. Sherman (argued), of Sherman & Sturman, Beverly Hills, Cal., for appellant.

Gerald F. Uelmen (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Charles Magnuson, David R. Nissen, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before CHAMBERS, ELY and KILKENNY, Circuit Judges.


DECISION

PER CURIAM:

The appeal from the decision of the district court is dismissed. In the present circumstances, the court finds the appeal premature.

Of course, the decision is not on the merits and therefore not res judicata on the merits of Pierce's claims with reference to the seized material.

In Goodman v. United States, 9 Cir., 369 F.2d 166, the material on which the court acted was in the frame...

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