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UNITED STATES v. SANFORD

No. 73-3016.

536 F.2d 871 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Nelson E. "Buck" SANFORD et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 27, 1976.

Attorney(s) appearing for the Case

Keith L. Burrowes, Asst. U.S. Atty. (argued), Billings, Mont., for plaintiff-appellant.

Ralph S. Wright (argued), and S. Frank Kampfe (argued), Billings, Mont., for defendants-appellees.

Before MERRILL, TRASK and SNEED, Circuit Judges.

OPINION

MERRILL, Circuit Judge:

This appeal by the Government from an order dismissing indictment is back before us on remand from the Supreme Court of the United States. When it was before us the first time, 503 F.2d 291 (9th Cir.1974), we held that the Government could not appeal dismissal of the indictment against appellees under 18 U.S.C. § 3731,1 since further prosecution would place...

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