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UNITED STATES v. MARIHART

No. 72-1258.

472 F.2d 809 (1972)

UNITED STATES of America, Appellant, v. James MARIHART et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 26, 1972.

Attorney(s) appearing for the Case

Robert L. Sikma, Asst. U. S. Atty., Sioux City, Iowa, for appellant.

Donald W. Sylvester and Donald E. O'Brien, Sioux City, Iowa, for appellees.

Before MATTHES, Chief Judge, and MEHAFFY, GIBSON, LAY, HEANEY, BRIGHT, ROSS and STEPHENSON, Circuit Judges, en banc.

MATTHES, Chief Judge.

The defendants (appellees) stand jointly charged in a four count indictment returned on March 22, 1972, with possessing four firearms which were transported in and affected interstate commerce in violation of Tit. 18 App. U.S.C. § 1202(a)(1).1 On April 14, 1972, the defendants filed a joint motion to suppress the firearms described in the indictment on the grounds, inter alia, that the weapons were obtained as...

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