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UNITED STATES v. GOLDBERG

No. 76-3085.

549 F.2d 1334 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Lawrence Jay GOLDBERG, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 14, 1977.

Attorney(s) appearing for the Case

William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Chief Crim. Div., submitted brief, Deanne H. Smith, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellant.

Bruce Wofle, Los Angeles, Cal., submitted brief, for appellee.

Before TRASK and GOODWIN, Circuit Judges, and THOMPSON, District Judge.

OPINION

PER CURIAM:

This appeal is taken by the government from the trial court's dismissal without prejudice of the indictment for misjoinder of offenses. The first five counts of the indictment charge that on June 18, 1976, appellee did willfully and for profit infringe the copyright of the copyright owner by selling five motion pictures, in violation of 17 U.S.C. §§ 1 & 104. Count Six charges that...

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