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UNITED STATES v. HAYES

No. 78-5149.

589 F.2d 811 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Frank HAYES, Dorothy Foley Hayes and Alice Baldwin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 19, 1979.

Attorney(s) appearing for the Case

Charles M. McDonald, Waco, Tex., Marvin Miller, San Antonio, Tex., for defendants-appellants.

Jamie C. Boyd, U. S. Atty., San Antonio, Tex., Daniel Rinzel, Drew S. Days, III, Asst. Atty. Gen., Criminal Section, Civil Rights Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before INGRAHAM, GEE and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 19, 1979.

FAY, Circuit Judge:

This case involves an outrageous episode in law enforcement. Taking the evidence in a light most favorable to the government, see Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942), this story unfolds as follows.

On September 14, 1975, at 10:30 p. m. Officer Donald McCall, of the Castroville, Texas Police Department...

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