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UNITED STATES v. McKENZIE

No. 81-3551.

678 F.2d 629 (1982)

UNITED STATES of America, Plaintiff-Appellants, v. John E. McKENZIE, Dale Bonura, Stephen Farrar, Stephen Reboul, Ronald F. Brink, Thomas R. Woodall and Richard LeBlanc, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 30, 1982.

Attorney(s) appearing for the Case

John P. Volz, U. S. Atty., Morris Reed, Asst. U. S. Atty., New Orleans, La., Michael Johnson, Mark L. Gross, William Bradford Reynolds, Walter W. Barnett, Attys., Daniel F. Rinzel, Crim. Section, Civil Rights Division, Dept. of Justice, Washington, D. C., for plaintiffs-appellants.

Ralph Capitelli, New Orleans, La., for McKenzie.

Ralph S. Whalen, New Orleans, La., for Bonura, Farrar, Reboul and Brink.

Wally Rothschild, New Orleans, La., for Woodall and LeBlanc.

Before CLARK, Chief Judge, GEE and GARWOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 30, 1982.

GEE, Circuit Judge:

The district court dismissed the indictment in this case because of prosecutorial misconduct, and the government appeals.

On November 8, 1980, a New Orleans police officer was shot to death. There followed an intensive investigation by the police department to learn the identity of his murderers. During the investigation four citizens were killed by New Orleans police officers...

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