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UNITED STATES v. BUTLER

Nos. 73-1359, 73-1360, 73-1362 and 73-1363.

494 F.2d 1246 (1974)

UNITED STATES of America, Appellee, v. Tommy L. BUTLER et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 4, 1974.

Rehearing Denied May 31, 1974.

Attorney(s) appearing for the Case

Arthur S. Bay, of Bay, Hamilton, Renegar & Lees, Oklahoma City, Okl., for appellant, Tommy L. Butler.

Gene Stipe, of Stipe, Gossett, Stipe & Harper, Oklahoma City, Okl., for appellant, Phillip Leonard Gregg.

Paul A. Mancino, Jr., Cleveland, Ohio, for appellant, Wayne Herbert Reinke.

Mac Oyler, Oklahoma City, Okl., for appellant, Ronald James Slomkowski.

John E. Green and Susie Pritchett, Asst. U.S. Attys. (William R. Burkett, U.S. Atty., with them on the brief), for appellee.

Before SETH and HOLLOWAY, Circuit Judges, and BRATTON, District Judge.

SETH, Circuit Judge.

The indictment originally charged twenty-three defendants in one count of conspiracy to convert Government property in violation of 18 U.S.C. § 641 and to commit depredation against Government property in violation of 18 U.S.C. § 1361, and charged various combinations of these defendants in forty additional counts alleging substantive violations of these statutes. The individual motions to sever were denied, and the consolidated trial...

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