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UNITED STATES v. DYE

Nos. 73-1876-73-1883.

508 F.2d 1226 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward DYE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Willard Eugene CUPP, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Harold ERVIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gene GALYON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Sanford BURNETTE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Glen Lester HUGHES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Albert Truman COLLINS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Dale LAMBERT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1974.

As Amended September 12, 1974.

Certiorari Denied March 17, 1975.

Attorney(s) appearing for the Case

John D. Lockridge, Warren R. Webster, B. Rex McGee (Court Appointed), Charles D. Susano, Jr. (Court Appointed), Roger E. Jenne, Cleveland, Tenn., for appellants; Philip P. Durand, Ambrose, Wilson, Lockridge & Grimm, Bernstein, Dougherty & Susano, Knoxville, Tenn. (of counsel, on briefs).

Carl P. McDonald, Edward E. Wilson, Asst. U. S. Attys., for appellees; John L. Bowers, Jr., U. S. Atty., on brief.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.

Certiorari Denied March 17, 1975. See 95 S.Ct. 1395.

LIVELY, Circuit Judge.

On July 27, 1972 a trailer owned by Superior Trucking Services, Inc. was loaded with 1250 cases of Jack Daniels whiskey at a distillery in Lynchburg, Tennessee for delivery to a warehouse in North Carolina. When the driver who was dispatched to pick up the load of whiskey arrived at Lynchburg, the trailer was not there. The empty trailer was found in Monroe County, Tennessee on July...

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