COM. OF KY. v. LONG

No. 86-5842.

837 F.2d 727 (1988)

COMMONWEALTH of KENTUCKY, Plaintiff-Appellant, v. Larry A. LONG, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 21, 1988.


Attorney(s) appearing for the Case

L.J. Hollenbach, III, William C. Grimes (argued), Aleta A. Bolte, Louisville, Ky., for plaintiff-appellant.

Larry S. Roberts, Lexington, Ky., C. Cleveland Gambill (argued), U.S. Atty., Louisville, Ky., for defendant-appellee.

Before LIVELY, Chief Judge, KEITH, Circuit Judge, and DOWD, District Judge.


DOWD, District Judge.

The issue in this case is whether the Supremacy Clause of the United States Constitution requires that a state's indictment of a federal agent be dismissed before trial, absent an affirmative showing by the state that facts are in dispute as to whether the agent committed the crime within the necessary and proper scope of his federal duties. We hold that the Supremacy Clause does so require, and we affirm the judgment of the district court dismissing...

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