Is denial precludes defense in a motion where the question is whether denial preaches defense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Valencia, 645 F.2d 1158 (2nd Cir. 1980):
17 Compare Kibby v. United States, 372 F.2d 598, 601 (8th Cir.), cert. denied, 387 U.S. 931, 87 S.Ct. 2055, 18 L.Ed.2d 993 (1967) (question undecided), with Ware v. United States, 259 F.2d 442, 445 (8th Cir. 1958) (denial precludes defense).
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