UNITED STATES v. GROSE

Nos. 79-1803, 79-1804 (Trial Group N).

687 F.2d 1298 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Steve Robert GROSE and Patrick Alexander Malone, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

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, and Michael G. Katz, Federal Public Defender, 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.

These are part of a series of eighty-six 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.

Appellants in Trial Group N were arrested on the railroad tracks within the 100-foot wide easement owned by DOE. For the facts surrounding the arrest site, see United States v. Dukehart, 687 F.2d 1301...

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