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UNITED STATES v. COLE

Nos. 85-5152(L), 85-5153.

784 F.2d 1225 (1986)

UNITED STATES of America, Appellant, v. Jimmy Edward COLE, Appellee. UNITED STATES of America, Appellant, v. Hubert Winston CRAIG, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 10, 1986.

Rehearing and Rehearing Denied April 21, 1986.

Attorney(s) appearing for the Case

Clifford Marshall (Charles R. Brewer, U.S. Atty., James R. Fitzner, Asst. U.S. Atty., Asheville, N.C., on brief), for appellant.

Ronald W. Howell (Robert B. Long, Jr., Long, Howell, Parker & Payne, Asheville, N.C., Gerald Collins, on brief), for appellees.

Before ERVIN, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and WARRINER, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied April 21, 1986.

ERVIN, Circuit Judge:

The government appeals the district court's dismissal of indictments against defendants for perjuring themselves before a federal grand jury. The district court dismissed on the grounds that the indictments failed to state adequately the materiality of the alleged false testimony. Because we find that materiality was adequately stated and that the indictments, therefore, were sufficient...

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