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UNITED STATES v. DRAPER

Nos. 84-2544, 84-2545.

762 F.2d 81 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Dan DRAPER, Jr. and Joe Fitzgibbon, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 12, 1985.

Attorney(s) appearing for the Case

Gene Stipe (Eddie Harper and Anthony M. Laizure of Stipe, Gossett, Stipe, Harper, Estes, McCune & Parks, Tulsa, Okl., with him on the brief), for defendant-appellee, Joe Fitzgibbon.

Bruce Green of Green & Green, Muskogee, Okl., for defendant-appellee, Dan Draper, Jr.

Sara Criscitelli, Atty. (Stephen S. Trott, Asst. Atty. General, with her on the brief), Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Before LOGAN and McWILLIAMS, Circuit Judges, and BOHANON, District Judge.

McWILLIAMS, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of these appeals. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

These two appeals stem from our opinion in United States v. Draper,

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