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UNITED STATES v. KESSLER

No. 74-4190.

530 F.2d 1246 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Murray Morris KESSLER, Richmond C. Harper, Adler B. Seal, James M. Miller, Jr., and Joseph Mazzuka, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 28, 1976.

Attorney(s) appearing for the Case

Gerald J. Gallinghouse, U.S. Atty., Jimmy L. Tallant, Sp. Atty., New Orleans Strike Force, U.S. Dept. of Justice, J. Phillip Krajewski, New Orleans, La., Mervyn Hamburg, Sidney M. Glazer, App. Sec., Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Murray Morris Kessler, E. Howard McCaleb, New Orleans, La. (Court-appointed), for Kessler.

Ralph Brewer, Baton Rouge, La. (Court-appointed), for Seal.

William L. Crull, New Orleans, La. (Court-appointed), for Miller.

A. J. McNamara, Metairie, La. (Court-appointed), for Mazzuka.

Donald Scott Thomas, Jr., Austin, Tex., for Harper.

Before GEWIN and AINSWORTH, Circuit Judges, and MARKEY, Chief Judge.

Rehearing and Rehearing En Banc Denied June 28, 1976.

MARKEY, Chief Judge:

The Government appeals an order of the United States District Court for the Eastern District of Louisiana which dismissed a two-count indictment charging the five defendants1 with criminal conspiracy2 and criminal attempt to export a military explosive.3 The appeal is based on 18 U.S.C. § 3731...

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