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UNITED STATES v. BUCK

Nos. 562-70, 563-70.

449 F.2d 262 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Donald David BUCK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Harold SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 21, 1971.

Attorney(s) appearing for the Case

James F. Housley, Asst. U. S. Atty. (C. Nelson Day, U. S. Atty., on the brief), for plaintiff-appellee.

Edwin B. Fieman, Denver, Colo., for Donald David Buck.

Russ W. Bond, Denver, Colo., for Charles Harold Smith.

Before PHILLIPS, HILL and HOLLOWAY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

On February 18, 1970, a complaint was filed by a Special Agent of the Federal Bureau of Investigation, hereinafter referred to as the F.B.I., with the United States Commissioner for the District of Utah, charging Smith and Buck jointly with burglary of the First Security Bank of Utah, N.A., Park City Branch,1 the deposits of which were insured by the Federal Deposit Insurance Corporation. On the same day...

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