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UNITED STATES v. PHYSIC

No. 228, Docket 21186.

175 F.2d 338 (1949)

UNITED STATES v. PHYSIC.

United States Court of Appeals Second Circuit.

June 20, 1949.

Attorney(s) appearing for the Case

Adrian W. Maher, New Haven, Conn., for United States.

William H. Lewis, Jr., Boston, Mass. (Raymond H. Atamian, Boston, Mass., of counsel), for Charles E. Physic.

Before L. HAND, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Physic's acquittal in the criminal action is not an adjudication on which he can rely here; Helvering v. Mitchell, 303 U.S. 391, 397, 58 S.Ct. 630, 82 L.Ed. 917. Nor is the ruling on the motion to suppress made in that criminal action an adjudication adverse to him on which the government can rely here; for that ruling, being interlocutory, was not appealable until final judgment, and, after Physic's acquittal...

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