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UNITED STATES v. HENDERSON

No. 74-3925.

525 F.2d 247 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Doyle Ray HENDERSON, Henry Salisbury, Louise Salisbury and Jonnie B. Couch, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 24, 1975.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Donald F. Ferguson, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellant.

Michael T. Mallon, West Palm Beach, Fla. (Court-Appointed), for D. Henderson.

Jack V. Eskenazi, Federal Public Defender, Miami, Fla. (Court-Appointed not under Act), for H. Salisbury.

T. J. Sakowitz, Miami, Fla., Robert P. Foley, Philip G. Butler, Jr., West Palm Beach, Fla., for J. Couch, and L. Salisbury.

Before BROWN, Chief Judge, GEWIN and THORNBERRY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The Government appeals the dismissal of an indictment against four defendants for violations of the Controlled Substances Act, 21 U.S.C.A. § 801 et seq. The District Court dismissed the indictment because of the Government's refusal to provide the defendants with a transcript of a state court trial in which three of the defendants were acquitted on similar charges. We affirm.

Henry...

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