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UNITED STATES v. BIXLER

No. KC-CR-1368.

321 F.Supp. 268 (1971)

UNITED STATES of America, Plaintiff, v. Donald Wayne BIXLER, Gary Wayne Hinkle and David Lee Thayer, Defendants.

United States District Court, D. Kansas.

January 14, 1971.

Attorney(s) appearing for the Case

Robert J. Roth, U. S. Atty., Wichita, Kan., and Glen S. Kelly, Asst. U. S. Atty., Kansas City, Kan., for plaintiff.

Stephen T. Mermigis, Kansas City, Kan., for defendant Donald Wayne Bixler.

Jerald R. Long, of Alder & Rixner, Overland Park, Kan., for defendant Gary Wayne Hinkle.

Neal Hambleton, of Hambleton & Rossman, Olathe, Kan., for defendant David Lee Thayer.

OPINION

ARTHUR J. STANLEY, Jr., Chief Judge.

In this criminal action the defendants are charged with violation of 18 U.S.C. §§ 641 and 2. The matter is now before the court on the defendants' motion to dismiss for lack of jurisdiction.

The information charges that the defendants stole and converted to their own use property of the United States. The offense is alleged to have been committed on the army post at Fort Leavenworth, Kansas....

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