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U.S. v. GARRETT

No. 99-10531.

238 F.3d 293 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Boyce Mark Garrett; Larry Don Keith; Kenneth Vernon Rydeen; Jimmy Dale Sullivan; Michael Dean Woodard; Steven Craig Finklea; Austeen Harris Keith; Dale Zane Keith; Glenn Dale Wilcox, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised January 8, 2001

Attorney(s) appearing for the Case

Susan B. Cowger (argued), Dallas, TX, for Plaintiff-Appellant.

Francisco Hernandez, Jr., Fort Worth, TX, for Garrett.

Thomas W. Mills, Jr. (argued), Mills, Presby & Associates, Dallas, TX, for Larry Don Keith.

James V. Wedding, Wedding & Hughey, Marshall, TX, for Rydeen.

Danny D. Burns, Fort Worth, TX, for Sullivan.

Laurance L. Priddy, Aledo, TX, for Woodard.

Victor Amador, Dallas, TX, for Finklea.

Branden Wheeler Sparks, Dallas, TX, for Austeen Harris Keith.

Timothy William Crooks, Fort Worth, TX, for Dale Zane Keith.

Kyle Mark Claunch, The Claunch Law Firm, Fort Worth, TX, for Wilcox.

Before HIGGINBOTHAM and DeMOSS, Circuit Judges, and FISH, District Judge.

DeMOSS, Circuit Judge:

I. INTRODUCTION

In this interlocutory appeal, the government seeks review of an order of the district court, which was entered the day of trial and which excluded 25 of its witnesses in a complex, multi-defendant conspiracy case involving the alleged adulteration of milk. The district court itself recognized that exclusion of these witnesses was tantamount to a dismissal of some of the charges against the moving defendants. This appeal...

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