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UNITED STATES v. SHIPP

No. 77-2663 Summary Calendar.

566 F.2d 528 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Benjamin SHIPP and Robert Lee Parker, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 19, 1978.

Attorney(s) appearing for the Case

John H. Hannah, Jr., M. Lawrence Wells, Asst. U. S. Attys., Tyler, Tex., for plaintiff-appellant.

Charles W. Tessmer, Dallas, Tex., for defendants-appellees.

Before COLEMAN, GODBOLD, and TJOFLAT, Circuit Judges.

PER CURIAM:

This is an investigatory stop case. A state officer on a routine patrol stopped a pickup truck on a state highway between Palestine and Tucker, Texas. The officer later found that automobile tires in the truckbed had been stolen from an interstate shipment, and the defendants were subsequently charged with theft of the tires. The government appeals from the district court's order granting a motion to suppress...

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