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UNITED STATES v. STEPHENSON

No. 12421.

223 F.2d 336 (1955)

UNITED STATES of America, Appellant, v. Warren L. STEPHENSON, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 19, 1955.

Attorney(s) appearing for the Case

Mr. Harold H. Greene, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellant.

Mr. Nicholas J. Chase, Washington, D. C., with whom Mr. Theodore Jaffe, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.

EDGERTON, Circuit Judge.

Appellee was indicted for perjury. He moved in the District Court for suppression, as evidence, of a recording and a transcript of a telephone conversation. The court granted the motion [D.C., 121 F.Supp. 274] and the government appealed. Appellee moves to dismiss the appeal.

The court expressed the opinion that its order of suppression was reviewable and cited United States v. Cefaratti, 91 U...

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