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U.S. v. BOLDEN

No. 02-6249.

353 F.3d 870 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Gary Lionell BOLDEN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 24, 2003.

Attorney(s) appearing for the Case

Arlene Joplin, Assistant United States Attorney (Robert G. McCampbell, United States Attorney, and Sue Tuck Richmond, Assistant United States Attorney, with her on the briefs), Office of the United States Attorney, Oklahoma City, OK, appearing for Appellant.

Paul Antonio Lacy, Assistant Federal Public Defender, Office of the Public Defender, Oklahoma City, OK, appearing for Appellee.

Before TACHA, Chief Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

TACHA, Chief Circuit Judge.

On July 10, 2002, the United States District Court for the Western District of Oklahoma disqualified the entire office of the United States Attorney for the Western District of Oklahoma ("USA") from representing the government on Defendant Gary Lionel Bolden's motion to compel. The USA's office immediately appealed the disqualification. Pursuant to the collateral order doctrine under 28 U.S.C. § 1291, we take jurisdiction and REVERSE...

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