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UNITED STATES v. LOSING

Nos. 76-1040, 76-1045.

560 F.2d 906 (1977)

UNITED STATES of America, Appellee, v. Russell V. LOSING, Jr., Appellant. UNITED STATES of America, Appellee, v. Donald Ray FEICK, Appellant.

United States Court of Appeals, Eighth Circuit.

Resubmitted March 14, 1977.

Decided August 10, 1977.

Rehearing and Rehearing Denied September 14, 21, 1977.

Attorney(s) appearing for the Case

Irl B. Baris and Kenneth H. Graeber, St. Louis, Mo., on supplemental brief, for Donald Ray Feick.

Bernard Steinger, Clayton, Mo., for appellants.

Barry A. Short, U.S. Atty. and Richard E. Coughlin, Asst. U.S. Atty., St. Louis, Mo., on supplemental brief, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 21, 1977.

VAN OOSTERHOUT, Senior Circuit Judge.

These direct criminal appeals are now before us for plenary review following proceedings in the district court pursuant to our order of partial remand dated July 30, 1976. United States v. Losing, 539 F.2d 1174 (8th Cir. 1976). We affirm.

In our prior opinion we held that defendants-appellants Donald Ray Feick...

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