UNITED STATES v. PRIOR

Nos. 74-3457, 74-4097, 75-3207.

546 F.2d 1254 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Frederick C. PRIOR, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Frederick C. PRIOR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 22, 1977.


Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for the U. S.

Robert L. Floyd, James D. Little, Sherryll Martens Dunaj, Miami, Fla., for Frederick C. Prior.

Before BROWN, Chief Judge, GODBOLD, Circuit Judge, and MEHRTENS, District Judge.


Rehearing and Rehearing En Banc Denied March 22, 1977.

MEHRTENS, District Judge:

The government appeals from an order suppressing grand jury testimony given by defendant Frederick C. Prior (#74-3457); the defendant Prior appeals from a jury conviction on five counts of perjury under 18 U.S.C. § 1623 (#74-4097) and also appeals from the District Court's denial of a motion for new trial (#75-3207). The three appeals were consolidated.

We reverse...

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