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UNITED STATES v. WELP

No. 72-2308.

469 F.2d 688 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Damian WELP, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 26, 1972.

Attorney(s) appearing for the Case

Peter L. Powers, Weatherford, Thompson, Horton & Jordan P. C., Albany, Or., for defendant-appellee Citizens Valley Bank.

Sidney I. Lezak, U. S. Atty., Portland, Or., for defendant-appellee United States of America.

Jack Damian Welp, pro per.

Before HAMLIN and DUNIWAY, Circuit Judges, and JAMESON, District Judge.

PER CURIAM :

A search incident to an arrest for robbery of the Citizens Valley Bank, Shedd, Oregon, revealed $369.00 cash on Welp's immediate person. Welp was subsequently tried and convicted of that bank robbery, and we affirmed. United States v. Welp, 446 F.2d 867 (9th Cir. 1971).

The money in question was turned over to the said bank. Appellant filed a petition with the District Court seeking the return of the money to...

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