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UNITED STATES v. VAN ORDEN

No. 72-1062.

469 F.2d 461 (1972)

UNITED STATES of America v. Dennis W. VAN ORDEN et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided July 10, 1972.

Rehearing Denied October 24, 1972.

Attorney(s) appearing for the Case

John G. Graham, McGlynn, Ruprecht & Graham, Newark, N. J., for appellants.

David R. Hinden, Asst. U. S. Atty., Herbert J. Stern, U. S. Atty., Newark, N. J., for appellee.

Before SEITZ, Chief Judge, and VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

On May 4, 1971, Dennis W. Van Orden was brought to trial in the district court, along with a co-defendant, Nathaniel Jefferson Tookes ("Tookes"), on a three-count indictment charging him with possession and transfer of counterfeit twenty dollar Federal Reserve Notes in violation of 18 U.S.C. §§ 472, 473 and 2. After the joint trial of Van Orden and Tookes had begun, Tookes retracted his not guilty...

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