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UNITED STATES v. DUNAVAN

Nos. 71-1378, 1379.

464 F.2d 1166 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Orville DUNAVAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Edward MITCHELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 21, 1972.

Attorney(s) appearing for the Case

Dale Quillen, Nashville, Tenn., for appellants.

Ira E. Parker, III, Asst. U. S. Atty. (Charles H. Anderson, U. S. Atty., Nashville, Tenn., on the brief), for appellee.

Before WEICK and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

ORDER

Upon consideration of the important Fourth Amendment issues involved in the above-styled appeal; and

Noting the uncertainty in the record in relation to critical facts referred to below,

The case is remanded to the District Court for such additional hearing and findings as may be required to answer the following question:

Whether the police knew that Dunavan had recovered consciousness and been released from the hospital 1) when they...

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