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UNITED STATES v. BARNEY

Nos. 76-1147-76-1150.

550 F.2d 1251 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Kevin W. BARNEY et al., Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Craig William McLACHLAN, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Frank S. BRZOTICKY, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. David BAKER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 1, 1977.

Attorney(s) appearing for the Case

Ramon M. Child, U. S. Atty., and Steven W. Snarr, Asst. U. S. Atty., Salt Lake City, Utah, for plaintiff-appellant.

Phil L. Hansen, of Phil L. Hansen & Associates, Salt Lake City, Utah, for Kevin W. Barney, James S. Liddiard and Lynn D. Losee, defendants-appellees.

John R. Anderson, of Beaslin, Nygaard, Coke & Vincent, Salt Lake City, Utah, for David Baker, defendant-appellee.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

In each of these four appeals the United States seeks reversal of a judgment of dismissal entered by the trial court in four separate criminal cases. In our view in each instance the judgment of dismissal resulted from a clear abuse of discretion, and we severally reverse the judgments entered.

Kevin Barney and James Liddiard were arrested on August 27, 1975 on a complaint charging a violation of 18 U.S.C. § 1855, setting on...

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