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UNITED STATES v. FLEMING

No. 75-1655.

526 F.2d 191 (1975)

UNITED STATES of America, Appellant, v. Jack Edward FLEMING and Lawrence Charles Hinton, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1975.

Certiorari Dismissed January 21, 1976.

Attorney(s) appearing for the Case

Donald J. Stohr, U.S. Atty., and Frederick R. Buckles, Asst. U.S. Atty., St. Louis, Mo., and J. Stanley Pottinger, Asst. Atty. Gen., and Brian K. Landsberg and Neal J. Tonken, Attys., Dept. of Justice, Washington, D.C., for the United States.

Norman S. London and Lawrence J. Fleming, St. Louis, Mo., for appellees.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

The United States appeals from the dismissal of an indictment against two St. Louis, Missouri, policemen. We find the indictment to have been improvidently dismissed and order it reinstated.

On May 15, 1975, a federal Grand Jury returned an indictment against two St. Louis policemen, charging as follows:

On or about July 2, 1974, in St. Louis, Missouri, in the Eastern District of Missouri, Jack...

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