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U.S. v. PAGE

No. 96-4083.

167 F.3d 325 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Derek Duane PAGE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1999.

Attorney(s) appearing for the Case

Thomas M. Tyack (argued and briefed), Tyack, Blackmore & Liston, Columbus, Ohio, for Defendant-Appellant.

Deborah A. Solove (argued and briefed), Office of the U.S. Attorney, Columbus, Ohio, Terry W. Lehmann (briefed), Office of the U.S. Attorney, Cincinnati, Ohio, for Plaintiff-Appellee.

Before: MARTIN, Chief Judge; MERRITT, KENNEDY, WELLFORD, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

ORDER

PER CURIAM.

The en banc court is equally divided in this case. Eight members of the court[1] favor affirmance of the district court and join in Judge Moore's concurring opinion (pp. 326-336). Seven members of the court[2] agree with Judge Kennedy's dissent (pp. 336-338) and would reverse; Judge Ryan, writing separately (p. 338), would also reverse; Judge Wellford would reverse for the reasons...

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