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U.S. v. GATTO

No. 90-5795.

924 F.2d 491 (1991)

UNITED STATES of America, Appellant, v. Louis GATTO, Sr., a/k/a Streaky; Alan Grecco, a/k/a Alan Wolshonak; Stefano Mazzola; Louis Gatto, Jr.; Joseph Gatto; William Odierno; Peter Mylenki; Frank Camiscioli, Jr.

United States Court of Appeals, Third Circuit

Decided January 23, 1991.

Rehearing and Rehearing Denied February 20, 1991.

Attorney(s) appearing for the Case

Michael Chertoff, U.S. Atty., R. David Walk, Jr. (argued), Edna B. Axelrod, Asst. U.S. Attys., Newark, N.J., for appellant.

Alan L. Zegas (argued), West Orange, N.J., Miles R. Feinstein, Hasbrouck Heights, N.J., Michael A. Querques, Orange, N.J., Peter V. Ryan, West Orange, N.J. for appellees.

Before SLOVITER, SCIRICA and SEITZ, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 20, 1991.

Opinion of the Court

SEITZ, Circuit Judge.

The government appeals a pretrial order of the district court granting defendant Alan Grecco's ("Grecco") motion to suppress certain prospective eyewitness trial testimony of Frank Galimi ("Galimi"), that would identify Grecco as being present at the murder scene.1

On July 20, 1989, defendant Grecco and seven other...

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