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U.S. v. PROUSE

Nos. 90-5585 to 90-5587.

945 F.2d 1017 (1991)

UNITED STATES of America, Appellee, v. Norman Lyle PROUSE, Appellant. UNITED STATES of America, Appellee, v. Robert John KIRCHNER, Appellant. UNITED STATES of America, Appellee, v. Joseph Wesley BALZER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 20, 1991.

Rehearing and Rehearing Denied October 31, 1991.

Attorney(s) appearing for the Case

Peter B. Wold, Minneapolis, Minn., for appellant Prouse.

Douglas Olson, Minneapolis, Minn., for appellant Kirchner.

Bruce H. Hanley, Minneapolis, Minn., for appellant Balzer.

William J. Mauzy, Minneapolis, Minn., on brief, for appellants.

Elizabeth de la Vega, Asst. U.S. Atty., Minneapolis, Minn., for appellee, Jerome G. Arnold, Minneapolis, Minn. and Kathryn Eilers, Legal Intern., on brief.

Before ARNOLD and MAGILL, Circuit Judges, and BATTEY, District Judge.

Rehearing and Rehearing En Banc Denied October 31, 1991.

MAGILL, Circuit Judge.

Norman Lyle Prouse, Robert John Kirchner, and John Wesley Balzer appeal their conviction upon a jury verdict and sentence for operating a commercial passenger airplane while under the influence of alcohol in violation of 18 U.S.C. § 342 (1988). Appellants raise numerous claims. The most substantial is that the district court1 improperly denied...

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