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UNITED STATES v. MILLS

No. 80-1540.

641 F.2d 785 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Robert Eugene MILLS and Richard Raymond Pierce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1981.

Rehearing and Rehearing Denied June 25, 1981.

As Amended July 7, 1981.

Attorney(s) appearing for the Case

Richard Drooyan, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellant.

Charles Diamond, O'Melveny & Myers, M. Randall Oppenheimer, Los Angeles, Cal., Edwin Saul, Encino, Cal., for defendants-appellees.

Before WRIGHT and NELSON, Circuit Judges, and EAST, Senior United States District Judge.

Rehearing and Rehearing En Banc Denied June 25, 1981.

EUGENE A. WRIGHT, Circuit Judge:

On the government's appeal, two issues are presented: (1) was it error to dismiss two murder indictments for Fifth and Sixth Amendment violations, and (2) if so, should we direct the district court to vacate its order which compelled the government to produce statements of witnesses which it would not call at trial? We conclude: the dismissal of the indictments is reversed...

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