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UNITED STATES v. PEABODY

No. 79-5049.

626 F.2d 1300 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Gordon Hall PEABODY, James Savio and Michael George Avery, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 2, 1980.

Attorney(s) appearing for the Case

Mitchell Denker, Key West, Fla., Lewis S. Kimler, Alvin E. Entin, North Miami Beach, Fla., for defendants-appellants.

Gary J. Takacs, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before GODBOLD, GEE and RUBIN, Circuit Judges.

GEE, Circuit Judge:

The Coast Guard cutter DURABLE observed a vessel on radar heading east-southeast in international waters 35 miles southwest of Charlotte Harbor, Florida. The DURABLE began to intercept and closed within two miles; the pursued vessel, a 40-foot sailboat named CARTE BLANCHE, with sails down and proceeding under motor power, then changed course to a northerly heading. The DURABLE increased speed and gave...

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