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UNITED STATES v. PHILLIPS

No. 75-1413.

540 F.2d 319 (1976)

UNITED STATES of America, Appellee, v. William Fred PHILLIPS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1976.

Rehearing Denied July 26, 1976.

Certiorari Denied December 6, 1976.

Attorney(s) appearing for the Case

Michael De Feo, Sp. Atty., U. S. Dept. of Justice, Kansas City, Mo., for appellee; Bert C. Hurn, U. S. Atty., and Gary Cornwell, Sp. Atty., Organized Crime & Racketeering Section, Crim. Div., U. S. Dept. of Justice, Kansas City, Mo., on brief.

Joseph P. Jenkins, Estes Park, Colo., for appellant; Phillip L. Waisblum, Kansas City, Mo., on the brief.

Before GIBSON, Chief Judge, and LAY and ROSS, Circuit Judges.

Certiorari Denied December 6, 1976. See 97 S.Ct. 530.

ROSS, Circuit Judge.

William Fred Phillips appeals his conviction of perjury in violation of 18 U.S.C. § 1623. The case was submitted to a jury which returned a guilty verdict. We vacate the conviction and remand with directions for further proceedings.

Phillips was prosecuted for knowingly making material false statements before a grand jury convened in Kansas City, Missouri. The grand jury...

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