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UNITED STATES v. KITCHEN

No. 73-1094.

480 F.2d 1222 (1973)

UNITED STATES of America, Appellee, v. Albert Ray KITCHEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1973.

Attorney(s) appearing for the Case

David P. Murrin, Minneapolis, Minn., for appellant.

J. Earl Cudd, Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before GIBSON, LAY and ROSS, Circuit Judges.

ORDER

This cause having been briefed and argued and submitted to this court on its merits on June 12, 1973, is hereby remanded to the trial court for an evidentiary hearing consistent with United States v. Pollard, 8 Cir., 479 F.2d 310, order filed May 18, 1973.

The record demonstrates that the government at a pretrial proceeding assured both the court and defendant that the informant, Sammy Floyd, would be available to...

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