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UNITED STATES v. LEAVITT

Nos. 78-1164, 78-1165 and 78-1166.

599 F.2d 355 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Stan LEAVITT, Glen Leavitt, and Lee Johnson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Max D. Wheeler, Asst. U. S. Atty., Salt Lake City, Utah (Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, on brief), for plaintiff-appellee.

Jackson Howard of Howard, Lewis & Petersen, Provo, Utah (Robert C. Fillerup of Howard, Lewis & Petersen, Provo, Utah, on brief), for defendants-appellants.

OPINION ON REHEARING

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from judgments based on jury verdicts convicting Stan Leavitt, Glen Leavitt and Lee Johnson of theft from the government. The counts were the same in form. Each alleged that on the day in question, three defendants did willfully and knowingly embezzle, steal and purloin saw logs having a value in excess of $100.00 and being...

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