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UNITED STATES v. GERMANY

No. 78-1567.

613 F.2d 262 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. James Walter GERMANY, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 28, 1979.

Attorney(s) appearing for the Case

Charles L. Casteel, Asst. U. S. Atty., Denver, Colo. (Joseph F. Dolan, U. S. Atty. and Richard S. Vermeire, Asst. U. S. Atty., Denver, Colo. on brief), for plaintiff-appellee.

John E. Myles, Englewood, Colo. (Criswell & Patterson, Englewood, Colo. on brief), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

James Walter Germany, Jr., was charged with one count of bank robbery in violation of 18 U.S.C. § 2113(a). Trial by jury commenced on May 3, 1978, and a mistrial was declared on May 5, 1978, after the jury was unable to arrive at a unanimous verdict. Defendant's counsel then filed a request for a transcript of the trial proceedings, such transcript to be used in preparation for the second trial of the case, and to also be used during...

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