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UNITED STATES v. MORNINGSTAR

No. 71-1988.

456 F.2d 278 (1972)

UNITED STATES of America, Appellant, v. James Patrick MORNINGSTAR, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 1972.

Attorney(s) appearing for the Case

Paul C. Camiletti, U. S. Atty. for Northern District of West Virginia, for appellant.

Boyd L. Warner, Clarksburg, W. Va. (Strathers & Cantrall, Clarksburg, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The United States appeals from an order of the district court which dismissed a multicount indictment that charged James Patrick Morningstar with unlawfully transporting, concealing, and possessing a "firearm, being a destructive device consisting of black powder pellet explosive and blasting caps" in violation of 18 U.S.C. §§ 922(i) and (j) and 26 U.S.C. § 5861(b), (c), and (d).1 The district court...

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