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UNITED STATES v. FAY

No. 76-1023.

553 F.2d 1247 (1977)

UNITED STATES of America, Appellant, v. James Bernard FAY, Jr., and Joseph John Tiernan, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1977.

Attorney(s) appearing for the Case

John P. Rupp and Kenneth S. Geller, Attys., Dept. of Justice, Washington, D. C. (Richard L. Thornburgh, Asst. Atty. Gen., and Ramon M. Child, U. S. Atty., Salt Lake City, Utah, with them on the Brief), for appellant.

George J. Romney, of Boyden, Kennedy, Romney & Howard, Salt Lake City, Utah, for appellee, James Bernard Fay, Jr.

Walter O. Cass, Denver, Colo., for appellee, Joseph John Tiernan.

Before SETH and HOLLOWAY, Circuit Judges, and CHILSON, United States Senior District Judge.

SETH, Circuit Judge.

The defendants were charged with conspiracy to rob a federally insured bank in Salt Lake City. Before trial, motions to suppress evidence were made by the defendants, and defendants sought to argue the motions before trial. The trial judge, however, refused to hear the motions before trial. The jury was impaneled and the Government put on a portion of its case. Nine Government witnesses testified. Judge Ritter, the trial judge, then excused the...

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