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UNITED STATES v. McNULTY

Nos. 81-2116 to 81-2119, 81-2130 and 81-2131.

729 F.2d 1243 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Guy Mickey McNULTY, George O'Brien, Theodore Tulper, Donald Staadts, James Nestoff and Dennis Valley, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

On Rehearing April 5, 1984.

Attorney(s) appearing for the Case

Charles Torres, Asst. U.S. Atty., Denver, Colo. (Joseph Dolan, U.S. Atty., Robert Gay Guthrie, Asst. U.S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellant.

Michael G. Katz, Federal Public Defender, Denver, Colo., for defendant-appellee McNulty.

Gary Lozow, Denver, Colo., for defendant-appellee O'Brien.

Isaac H. Kaiser, Denver, Colo., for defendant-appellee Nestoff.

Scott H. Robinson, Gerash & Robinson, Denver, Colo. (Walter L. Gerash, Gerash & Robinson, Denver, Colo., with him on the brief), for defendant-appellee Dennis Valley.

Joseph Saint-Veltrie and Howard M. Mullen, Denver, Colo., submitted an amicus brief for Albert C. Levy.

Before DOYLE and SEYMOUR, Circuit Judges, and ANDERSON, District Judge.

On Rehearing En Banc April 5, 1984.

ALDON J. ANDERSON, District Judge.

Because I find that the wiretap order issued by Colorado District Court Judge Robert F. Kelly complied with the requirements of the Colorado wiretapping statute, as well as the federal statute, I find it unnecessary to reach the question addressed by Judge Doyle. Since the order complied with both statutes, it is not necessary to determine which statute applies in order to determine the...

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