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UNITED STATES v. NG

No. 539, Docket 82-1266.

699 F.2d 63 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Billy NG, Tak Man Yee & Oswald K. Liew, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 13, 1983.

Attorney(s) appearing for the Case

Jeffrey M. Smith, Boston, Mass. (Paul T. Smith, Harvey R. Peters, Boston, Mass., of counsel), for defendants-appellees Tak Man Yee and Oswald Liew.

Linda J. Thompson, Springfield, Mass. (Efrem A. Gordon, Springfield, Mass., of counsel), for defendant-appellee Billy Ng.

Peter W. Hall, Asst. U.S. Atty., Rutland, Vt. (George W.F. Cook, U.S. Atty., D. Vt., Patti R. Page, Asst. U.S. Atty., Rutland, Vt., of counsel), for plaintiff-appellant.

Before FEINBERG, Chief Judge, and MANSFIELD and KEARSE, Circuit Judges.

MANSFIELD, Circuit Judge:

The government appeals pursuant to 18 U.S.C. § 3731 from an order of the District of Vermont, entered on May 19, 1982 by Chief Judge James S. Holden after an evidentiary hearing, dismissing an indictment charging the three defendants-appellees in seven counts with violations of provisions of the Gun Control Act of 1968, 18 U.S.C. § 922(a)(6), and with conspiracy to violate 18 U.S.C. §§ 922(a)(3) and (6).

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