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UNITED STATES v. MOORE

No. 78-1594.

613 F.2d 1029 (1979)

UNITED STATES of America, Appellant, v. David H. MOORE.

United States Court of Appeals, District of Columbia Circuit.

Decided November 21, 1979.

Rehearing Denied January 2, 1980.

Attorney(s) appearing for the Case

Constantine J. Gekas, Asst. U. S. Atty., Washington, D.C., with whom Earl J. Silbert, U. S. Atty., Washington, D.C., at the time the brief was filed, John A. Terry and Theodore A. Shmanda, Asst. U. S. Attys., Washington, D.C., were on brief, for appellant.

Edwin C. Brown, Washington, D.C., for appellee.

Before ROBINSON and WILKEY, Circuit Judges, and HAROLD H. GREENE, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge, SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

In the case before us, the Government appeals from the District Court's dismissal of a four-count indictment charging David H. Moore with making false declarations before a grand jury.1 The dismissal followed the Government's refusal to allow Moore to reappear before the grand jury to retract the allegedly fabricated...

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