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UNITED STATES v. BYRD

No. 84-9001.

765 F.2d 1524 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas E. BYRD, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 23, 1985.

Attorney(s) appearing for the Case

Jere W. Morehead, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellant.

Charles W. Byrd, Butler, Ga., for defendant-appellee.

Before VANCE and HATCHETT, Circuit Judges, and LYNNE, District Judge.

LYNNE, District Judge:

The United States appeals from the district court's order of September 25, 1984, dismissing the indictment returned by a grand jury of the Northern District of Georgia against appellee, Thomas E. Byrd, on July 11, 1984, and from its subsequent order of November 14, 1984, denying the government's motion for reconsideration. Concluding that the Court below misapplied the test articulated in Kastigar...

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