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U.S. v. MURPHY

No. 92-4020.

977 F.2d 503 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Vance MURPHY, d/b/a The Store; Linda Wallace, d/b/a The Store, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 5, 1992.

Attorney(s) appearing for the Case

Bruce C. Lubeck (David J. Jordan, U.S. Atty., with him on the briefs), Asst. U.S. Atty., Salt Lake City, Utah, for plaintiff-appellant.

Bradley P. Rich of Yengich, Rich & Xaiz, Salt Lake City, Utah, for defendants-appellees.

Before McKAY, Chief Circuit Judge, and ANDERSON and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

The government appeals from the district court's order dismissing a twelve-count indictment charging violation of the Mail Order Drug Paraphernalia Control Act, 21 U.S.C. § 857.1 Judge J. Thomas Greene of the United States District Court for the Central Division of Utah summarily dismissed the indictment against Defendants Vance Murphy and Linda Wallace on grounds that...

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