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STATE OF ARIZONA v. MANYPENNY

No. 77-3453.

608 F.2d 1197 (1979)

STATE OF ARIZONA, Plaintiff-Appellant, v. William Dale MANYPENNY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended August 13, 1979.

Attorney(s) appearing for the Case

Stephen D. Neely, County Atty., D. Jesse Smith, Deputy County Counsel, Tucson, Ariz., for plaintiff-appellant.

James D. Whitney, Tucson, Ariz., for defendant-appellee.

Before CHOY and KENNEDY, Circuit Judges, and HALL, District Judge.

CHOY, Circuit Judge:

The State of Arizona brought this criminal prosecution against Manypenny, a border patrolman of the United States Immigration and Naturalization Service. The State charged Manypenny with assault with a deadly weapon in violation of Arizona law. Ariz.Rev.Stat. § 13-249(A) & (B). On Manypenny's motion, the case was removed to federal court. See 28 U.S.C. § 1442(a)(1).1

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