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UNITED STATES v. DIAZ

No. 74-1177.

499 F.2d 113 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Ben DIAZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 24, 1974.

Attorney(s) appearing for the Case

Harold A. Donegan, Jr. (argued), Scottsdale, Ariz., for defendant-appellant.

Gerald S. Frank, Asst. U. S. Atty. (argued), Tucson, Ariz., for plaintiff-appellee.

Before MERRILL and KOELSCH, Circuit Judges, and SWEIGERT, District Judge.

OPINION

MERRILL, Circuit Judge:

Appellant was charged in 1973 with appropriating "objects of antiquity situated on lands owned and controlled by the Government of the United States without the permission of the Secretary of Interior," contrary to 16 U.S.C. § 433.1

The items appropriated were face masks found in a cave on the San Carlos Indian Reservation. They were identified...

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