No. 82-1631.

727 F.2d 1453 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond J. CADET, Barry Saffaie, Tabassom Ayazi, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 13, 1984.

As Amended July 2, 1984.

Attorney(s) appearing for the Case

Sanford Svetcov, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellant.

Lawrence A. Callaghan, Goldstein & Phillips, San Francisco, Cal., Daniel Cook, San Jose, Cal., Paul B. Meltzer, Santa Cruz, Cal., for defendants-appellees.

Before ALARCON, CANBY, and REINHARDT, Circuit Judges.

ALARCON, Circuit Judge:


The government has appealed from the judgment dismissing a four-count indictment against Raymond J. Cadet (Cadet), Barry Saffaie (Saffaie), and Tabassom Ayazi (Ayazi) with prejudice.

We must decide whether the district court erred in dismissing this matter because of the government's good faith refusal to obey certain provisions of the court's discovery order. We have concluded that it

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