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UNITED STATES v. WODTKE

Nos. 83-1264, 83-1600 and 83-1602.

711 F.2d 86 (1983)

UNITED STATES of America, Appellee, v. Gary Lynn WODTKE and Sharon Lynn Wodtke, Appellants. UNITED STATES of America, Appellee, v. Leonhard, Bruce, and June WODTKE, Appellants. UNITED STATES of America, Appellee, v. Eugene Francis WILLEMS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

Stanley E. Munger, Sioux City, Iowa, for appellants in No. 83-1264.

Francis L. Goodwin, Sioux City, Iowa, for appellant, Leonhard Wodtke.

Wilford M. Forker, Sioux City, Iowa, for appellant, June Wodtke.

Mayer Kanter, Sioux City, Iowa, for appellant, Bruce Wodtke.

Gary E. Wenell, Sioux City, Iowa, for appellant in No. 82-1602.

Asher E. Schroeder, Asst. U.S. Atty., Sioux City, Iowa, for appellee, United States.

Before HEANEY, McMILLIAN and ARNOLD, Circuit Judges.

PER CURIAM.

This case is before the Court on a motion for stay filed by the defendants-appellants, seeking to prevent the District Court1 from proceeding with a second trial. The first trial ended when the Court, on motion of all defendants, declared a mistrial. The rule of exclusion of witnesses had been invoked, and an agent of the Government violated it by taking notes of testimony in the courtroom and relaying the substance of these...

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