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UNITED STATES v. BARKET

Nos. 75-1568, 75-1569.

530 F.2d 181 (1975)

UNITED STATES of America, Appellee, v. Alexander J. BARKET, Appellant. Alexander J. BARKET, Petitioner, v. The Honorable John W. OLIVER, United States District Judge, and United States of America, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1975.

Rehearing and Rehearing Denied February 9, 1976.

Rehearing Denied February 13, 1976.

Attorney(s) appearing for the Case

Thomas C. Walsh, St. Louis, Mo., for appellant.

Anthony Nugent, U.S. Asst. Atty., Kansas City, Mo., for appellee.

Before MATTHES, Senior Circuit Judge, LAY and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 9, 1976.

Rehearing Denied in No. 1568 February 13, 1976.

MATTHES, Senior Circuit Judge.

Alexander J. Barket has appealed from the order of the district court* denying his motion to dismiss Count I of a two-count indictment (our Appeal No. 75-1568). Alternatively, Barket filed a petition for writ of mandamus in this court (No. 75-1569) to compel the district court to dismiss...

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