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UNITED STATES v. McINTYRE

Nos. 77-3623, 77-3716.

582 F.2d 1221 (1978)

UNITED STATES of America, Appellee, v. Frederick Lyle McINTYRE, Appellant. UNITED STATES of America, Appellee, v. Dale Irwin VanBUSKIRK, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied November 13, 1978.

Attorney(s) appearing for the Case

James M. Wilkes (argued), Harley Kurlander (argued), Tucson, Ariz., for appellant.

Bates Butler, Asst. U. S. Atty. (argued), Tucson, Ariz., for appellee.

Before ELY and GOODWIN, Circuit Judges, and PALMIERI, District Judge.

GOODWIN, Circuit Judge:

McIntyre and VanBuskirk appeal their convictions for violating and conspiring to violate 18 U.S.C. § 2511(1)(a) and (b) (Title III of the Omnibus Crime Control and Safe Streets Act of 1968).1

VanBuskirk was Chief of Police of Globe, Arizona, and McIntyre was a Lieutenant in that department. The Assistant Chief of Police was Robert McGann. VanBuskirk and McIntyre suspected McGann of leaking damaging...

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