UNITED STATES v. ELLISON

No. 82-1602.

684 F.2d 664 (1982)

UNITED STATES of America, Petitioner, v. Honorable James O. ELLISON, Respondent, v. Robert B. SUTTON, BPM, Ltd., and Scurry Oil Company, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 20, 1982.


Attorney(s) appearing for the Case

Victor D. Stone, Atty., Dept. of Justice, Washington, D. C. (Frank Keating, U. S. Atty., N. D. Oklahoma, Tulsa, Okl., James L. Swartz, Asst. U. S. Atty., Anchorage, Alaska, and William J. Hardy, Jr., Atty., Dept. of Justice, Washington, D. C., with him on the briefs), for petitioner.

W. Rodney DeVilliers, Sr., Oklahoma City, Okl. (Mitchell Lansden, Baton Rouge, La., James R. Eagleton and Marc F. Conley, Tulsa, Okl., with him on the briefs), for Robert B. Sutton, BPM, Ltd., and Scurry Oil Co., amici curiae.

Before McWILLIAMS, DOYLE and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

By petition for mandamus the government attacks the action of the trial court in entering a judgment of acquittal on 15 counts of a 17-count indictment and asks that the action of the district court be stayed. A notice of appeal was filed with the district court on May 17, but the appeal has not been docketed in the court of appeals. Accordingly we give no consideration to 18 U.S.C. § 3731 (appeal by the United States). Action on...

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