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COSTELLO v. UNITED STATES

No. 18699.

324 F.2d 260 (1963)

Richard Donald COSTELLO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 10, 1963.

Attorney(s) appearing for the Case

George Olshausen, San Francisco, Cal., for appellant.

Warren C. Colver, U. S. Atty., and Joseph H. Shortell, Jr., First Asst. U. S. Atty., Fairbanks, Alaska, for appellee.

Before ORR, HAMLEY and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

This is the second appeal in this matter, our first decision being reported in Costello v. United States, 9 Cir., 298 F.2d 99. We there remanded, directing that the trial court hold a hearing "confined to the reliability of the informant as it relates to the issue of probable cause for the arrest." At that hearing, the name of the informant was disclosed, but she was not available to testify, being apparently...

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