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UNITED STATES v. DURGIN

Nos. 711103, 711104.

444 F.2d 308 (1971)

UNITED STATES of America, Appellee, v. Bernard Leavitt DURGIN, III, Appellant. UNITED STATES of America, Appellee, v. Connie Lee FALLANG, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied and Rehearing July 6, 1971.

Attorney(s) appearing for the Case

Paul Colarich, Jr., (argued), Tucson, Ariz., for Bernard Leavitt Durgin III.

Lawrence Ollason, Tucson, Ariz., for Connie Lee Fallang.

Stanley Patchell, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Tucson, Ariz., for United States of America.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.

Rehearings Denied and Rehearing En Banc July 6, 1971.

BARNES, Circuit Judge:

These two cases, combined on appeal, present only one legal issue: was there error in the denial by the district court of defendants' joint motion for a new trial based solely on the ground of newly discovered evidence? Thus, we do not here pass on the merits of the judgment of conviction. Each was appealed and each affirmed. (439 F.2d 685, decided...

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