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UNITED STATES v. THOMPSON

Nos. 79-1848 to 79-1855 and 79-1857 to 79-1861 (Trial Group M).

687 F.2d 1279 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick A. THOMPSON, Miche M. Thompson, Richard D. Hawkins, Harry J. Beck, Leslie Brown, Paul R. Moyer, Lark Latch, Rebecca Margolis, Holland W. Shepherd, Spencer W. Cunningham, Bill J. Sears, and Steven Kay, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Dissenting Opinion August 9, 1982.

Rehearing Denied August 11, 1982.

Attorney(s) appearing for the Case

John S. Evangelisti of LaFond & Evangelisti, Denver, Colo., (Jonathan L. Olom, Denver, Colo., Tim Correll, Denver, Colo., Cathlin Donnell of Kelly, Haglund, Garnsey, Kahn & Donnell, Michael G. Katz, Federal Public Defender, and Peter R. Bornstein, Denver, Colo., on the briefs), for defendants-appellants.

Nancy E. Rice, Asst. U. S. Atty., D. Colo., Denver, Colo. (Joseph F. Dolan, U. S. Atty., Denver, Colo., with her on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, McKAY, LOGAN and SEYMOUR, Circuit Judges.

On Petition For Rehearing En Banc

SETH, Chief Judge.

This group of cases is a part of a series of 86 appeals from convictions for violating 42 U.S.C. §§ 2278a(a) and (b) and 10 C.F.R. §§ 860.3, 860.5(a), and 860.6 by seeking to force entry on the Rocky Flats Plant site.

Appellants in Trial Group M were arrested within the 100-foot wide easement surrounding the railroad tracks at Rocky...

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