United States of America, Plaintiff-appellee, v. Steven Lambrecht, Defendant-appellant, 588 F.2d 1312 (9th Cir. 1979)

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US Court of Appeals for the Ninth Circuit - 588 F.2d 1312 (9th Cir. 1979) Jan. 4, 1979

Appeal from the United States District Court for the Western District of Washington; Walter T. McGovern, Chief Judge.

David F. Stobaugh, Seattle, Wash., for defendant-appellant.

Charles Pinnell, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before DUNIWAY and KILKENNY, Circuit Judges, and SKOPIL,*  District Judge.

PER CURIAM:


This court now having decided the case of Cooper v. Fitzharris, 9 Cir., 1978, In banc, 586 F.2d 1325, this case is submitted for decision.

The order appealed from, denying Lambrecht's motion for a new trial, is vacated and the case is remanded to the district court for further consideration in the light of this court's opinion in Cooper v. Fitzharris, supra.

 *

The Honorable Otto R. Skopil, Jr., Chief Judge, United States District Court for the District of Oregon, sitting by designation

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