UNITED STATES v. DUNLAP

No. 77-2678.

573 F.2d 1092 (1978)

UNITED STATES of America, Appellant, v. Jerry Charles DUNLAP, Rolondo Romo, John Roben, Bradford Serna, Appellees.

United States Court of Appeals, Ninth Circuit.

March 20, 1978.


Attorney(s) appearing for the Case

David R. Hinden, Asst. U. S. Atty. (appeared), Los Angeles, Cal., for appellant.

Peter M. Horstman (appeared), Los Angeles, Cal., for appellees.

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


PER CURIAM:

Four defendants, Dunlap, Romo, Roben, and Serna, were indicted for violations of 18 U.S.C. §§ 371 and 2314 (conspiracy to transport and transportation of counterfeit securities). The district court dismissed the indictment on the ground that the counterfeit department-store scrip being transported was not a "security" within the meaning of 18 U.S.C. §§ 2311 and 2314. The government, pursuant to 18 U.S.C. § 3731, appealed.

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