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U.S. v. STOREY

Nos. 92-3236, 92-3247.

2 F.3d 1037 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Bob W. STOREY, a/k/a Robert W. Storey, and Robert T. Stephan, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 13, 1993.

Attorney(s) appearing for the Case

Linda L. Sybrant (Lee Thompson, U.S. Atty., with her on the brief), Sp. Asst. U.S. Atty., Kansas City, MO, for plaintiff-appellee.

James R. Wyrsch (Mark L. Bennett, Jr. and Ann L. Hoover of Bennett & Dillon, Floyd E. Gehrt of Gehrt & Roberts, Topeka, KS, with him on the briefs), of Wyrsch, Atwell, Mirakian, Lee & Hobbs, Kansas City, MO, for defendant-appellant Storey.

James R. Wyrsch (Jacqueline A. Cook, with him on the briefs), of Wyrsch, Atwell, Mirakian, Lee & Hobbs, P.C., Kansas City, MO, for defendant-appellant Stephan.

Before BALDOCK, MCWILLIAMS, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

The issue in this case is whether a district court order denying a motion to dismiss an indictment claiming prosecutorial misconduct is immediately appealable.

BACKGROUND

Appellants Robert T. Stephan and Bob W. Storey were indicted by a federal grand jury sitting in the District of Kansas for committing perjury and conspiring to commit perjury. The charges arose from testimony in the federal civil case Marcia Tomson v. Robert...

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