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UNITED STATES v. STIPE

No. 81-1417.

653 F.2d 446 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Gene STIPE and Red Ivy, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided July 1, 1981.

Attorney(s) appearing for the Case

Larry D. Patton, U. S. Atty., Oklahoma City, Okl. (John R. Osgood, Asst. U. S. Atty., Oklahoma City, Okl., with him on the brief) for plaintiff-appellant.

B. J. Rothbaum, Jr., Oklahoma City, Okl. (James P. Linn, James A. Kirk, Drew Neville of Linn, Helms, Kirk & Burkett, and Duane H. Miller, Oklahoma City, Okl., with him on the brief) for defendants-appellees.

Before McWILLIAMS and DOYLE, Circuit Judges, and KERR, Senior District Judge.

WILLIAM E. DOYLE, Circuit Judge.

This is an expedited interlocutory appeal which has been prosecuted pursuant to 18 U.S.C. § 3731, entitled Appeal by the United States. It provides in part as follows:

An appeal by the United States shall lie to a court of appeals from a decision or order of a district courts suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been...

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