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UNITED STATES v. McMANUS

No. 75-1868.

535 F.2d 460 (1976)

UNITED STATES of America, Petitioner, v. Honorable Edward J. McMANUS, Chief Judge, United States District Court, Northern District of Iowa, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1976.

Rehearing and Rehearing Denied June 2, 1976.

Attorney(s) appearing for the Case

Robert L. Sikma, Asst. U. S. Atty., Sioux City, Iowa, for petitioner.

Evan L. Hultman, U. S. Atty., and Robert L. Sikma, Asst. U. S. Atty., Sioux City, Iowa, and Lorna A. Gilbert, Legal Intern, University of South Dakota, College of Law, Vermillion, S. D., for petitioner.

Roger Jon Diamond, Pacific Palisades, Cal., for respondent.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1976.

PER CURIAM.

The government petitions this Court for a writ of mandamus asserting that the District Court erred in granting a motion for a change of venue in United States of America v. Robert Elkins, et al., No. CR 75-4022 (N.D.Ia. October 1, 1975). We find that the trial court did abuse its discretion and grant the writ. The record of this case, previously transferred to the Central District of California...

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