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UNITED STATES v. BUTTERWORTH

No. 81-1699.

693 F.2d 99 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Robert BUTTERWORTH, William Newton, Darrell Reazin, Albert Stephens and Robert Kenny, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 26, 1982.

Attorney(s) appearing for the Case

Dennis P. Riordan, San Francisco, Cal., for defendants-appellants.

Robert Ward, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before FARRIS and CANBY, Circuit Judges, and WHELAN, District Judge.

CANBY, Circuit Judge.

Appellants, who were charged with knowingly participating in a strike against the United States in violation of 18 U.S.C. § 1918(3) and 5 U.S.C. § 7311(3), moved to dismiss their indictments on grounds of selective prosecution. Appellants were among approximately two hundred seventy air traffic controllers who failed to report to work at the northern California Bay Tracon and Oakland air traffic control facilities after the national...

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