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UNITED STATES v. LIBRACH

No. 79-1071.

602 F.2d 165 (1979)

UNITED STATES of America, Appellee, v. Burton A. LIBRACH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 17, 1979.

Attorney(s) appearing for the Case

Charles B. Blackmar, St. Louis, Mo., for appellant; John J. Relles, St. Louis, Mo., and Ronald L. Rothman, Clayton, Mo., on the brief.

Frederick R. Buckles, Asst. U. S. Atty., St. Louis, Mo., for appellee; Robert D. Kingsland, U. S. Atty., on the brief.

Before LAY, HEANEY and BRIGHT, Circuit Judges.

ORDER

Burton A. Librach appeals from an order denying his motion for a new trial based on newly discovered evidence. He contends that the Government suppressed evidence that was favorable to his defense against criminal charges brought under 18 U.S.C. § 1001 (1976).1 We vacate the district court order and remand for further proceedings.

In 1974, Librach was tried and convicted of filing a false claim and using a false document...

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