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UNITED STATES v. TARNOWSKI

Nos. 77-5378, 77-5379.

583 F.2d 903 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Henry W. TARNOWSKI and Kenneth B. Kush, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1978.

As Amended October 6, 1978.

Rehearing Denied October 31, 1978.

Attorney(s) appearing for the Case

Kenneth R. Sasse, F. Randall Karfonta, John W. Tapp, Detroit, Mich., for defendant-appellant in No. 77-5379.

Samuel E. McCargo, Riley & Roumell, Detroit, Mich. (Court Appointed—CJA), for defendant-appellant in No. 77-5378.

James K. Robinson, U. S. Atty., Gordon S. Gold, F. William Soisson, Detroit, Mich., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, MERRITT, Circuit Judge and BALLANTINE, District Judge.

PHILLIPS, Chief Judge.

Tarnowski and Kush appeal from their conviction at a jury trial for possession of goods stolen from interstate commerce in violation of 18 U.S.C. § 659. We affirm.

I.

Tarnowski contends that the indictment against him should have been dismissed because of the failure of the clerk of the district court to empty and refill the master jury wheel within the time limitations prescribed by the Jury Selection Plan for the Eastern...

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