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TURK v. UNITED STATES

Nos. 19872, 19873, 19889, 19905.

429 F.2d 1327 (1970)

William Donald TURK, Appellant, v. UNITED STATES of America, Appellee. Roswell William WIXOM, Appellant, v. UNITED STATES of America, Appellee. Robert Douglas BRITTON, Appellant, v. UNITED STATES of America, Appellee. George Leo COLEMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

August 27, 1970.

Attorney(s) appearing for the Case

Samuel P. Caniglia, of Caniglia & Seminara, Omaha, Neb., made argument for appellant William Donald Turk.

Samuel V. Cooper, Omaha, Neb., made argument for appellant Roswell William Wixom.

John Grant, of Kelley, Grant, Costello & Dugan, Omaha, Neb., made argument for appellant Robert Douglas Britton.

David S. Lathrop, of Lathrop & Albracht, Omaha, Neb., made argument for appellant George Leo Coleman.

One brief was filed by all the above attorneys for the appellants with the exception that Michael J. Dugan, of Kelley, Grant, Costello & Dugan, Omaha, Neb., was on the brief instead of Mr. Grant of this firm who made the argument.

William J. Tighe, Asst. U. S. Atty., Omaha, Neb., for appellee; Richard A. Dier, U. S. Atty., was on the brief with Mr. Tighe.

Before MATTHES, Chief Judge, and LAY and HEANEY, Circuit Judges.

LAY, Circuit Judge.

Defendants appeal their conviction for possession of counterfeit notes of the United States with intent to defraud in violation of 18 U.S.C.A. § 472. The defendants were arrested in Omaha, Nebraska, on the morning of November 16, 1968, in possession of counterfeit $20 bills totalling approximately $80,000. The basic issue on appeal, which is raised by all defendants, concerns the existence of probable cause for their arrest to justify the...

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