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U.S. v. MITCHELL

No. 90-7423.

954 F.2d 663 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry V. MITCHELL and Roger Woods, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 26, 1992.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Anthony A. Joseph, James A. Sullivan, Asst. U.S. Attys., Birmingham, Ala., for plaintiff-appellant U.S.

John C. Robbins, Doug Jones, Birmingham, Ala., for defendant-appellee Jerry V. Mitchell.

Jo Allison Taylor, Birmingham, Ala., for defendant-appellee Roger Woods.

Before TJOFLAT, Chief Judge, CLARK, Senior Circuit Judge, and KAUFMAN, Senior District Judge.

TJOFLAT, Chief Judge:

The Government appeals from an order in the Northern District of Alabama granting a motion in limine to preclude certain expert testimony on the basis of Fed.R.Evid. 403 and 702. In the absence of a record of the pre-trial hearing on this motion, we find ourselves unable to affirm the challenged order. We therefore vacate the district court's order and remand the case for further proceedings.

I.

Defendants Jerry V. Mitchell...

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