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UNITED STATES v. NUTILE

Nos. 76-1192 and 76-1193.

550 F.2d 701 (1977)

UNITED STATES of America, Appellee, v. Richard F. NUTILE, Appellant. UNITED STATES of America, Appellee, v. Joseph INDELICATO, Appellant.

United States Court of Appeals, First Circuit.

Decided March 11, 1977.

Attorney(s) appearing for the Case

Barry M. Haight, Milton, Mass., with whom Buckley, Haight & Muldoon, Milton, Mass., was on brief, for appellants.

Jeremiah T. O'Sullivan, Sp. Atty., Dept. of Justice, Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief for appellee.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.

McENTEE, Circuit Judge.

Appellants were convicted after a jury trial of selling and transferring counterfeit Federal Reserve Notes in violation of 18 U.S.C. §§ 473 and 2.1 This appeal raises several arguments.

I. THE INFORMANT.

During the trial appellants moved to dismiss the indictment on grounds that the government had failed to use due diligence in identifying or locating an informer whose testimony would...

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