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U.S. v. COOPER

No. 91-10380.

983 F.2d 928 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Wayne R. COOPER and Vincent Gammill, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 8, 1993.

Attorney(s) appearing for the Case

Robert M. Twiss, Asst. U.S. Atty., Sacramento, CA, for plaintiff-appellant.

Robert M. Holley, Dwight M. Samuel, Sacramento, CA, for defendants-appellees.

Before: CHAMBERS, SCHROEDER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Because of the government's bad faith actions, the laboratory equipment seized from Apotheosis Research lies broken and buried in a toxic waste dump. This equipment cannot be introduced at trial. It can neither support nor undermine Wayne Cooper and Vincent Gammill's repeated assertion that their lab lacked the physical capability to manufacture methamphetamine.

We consider here whether Cooper and Gammill have a comparable, alternative...

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