UNITED STATES of America, Plaintiff-Appellant,
v.
Frank COSTELLO, Defendant-Appellee.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued June 11, 1957.
Decided July 22, 1957.
Attorney(s) appearing for the Case
Edwin J. Wesely, Asst. U. S. Atty., S. D. N. Y., New York City (Paul W. Williams, U. S. Atty., and Harold J. Raby, Asst. U. S. Atty., New York City, on the brief), for plaintiff-appellant.
Edward Bennett Williams, Washington, D. C. (Agnes A. Neill, Washington, D. C., and Morris Shilensky, of Hays, St. John, Abramson & Heilbron, New York City, on the brief), for defendant-appellee.
Before CLARK, Chief Judge, and CHASE and HINCKS, Circuit Judges.
United States Court of Appeals Second Circuit.
CLARK, Chief Judge.
The United States of America appeals from a decision, D.C.S.D.N.Y., 145 F.Supp. 892, dismissing without prejudice its action for the denaturalization of defendant, Frank Costello, alleging fraud and illegality in its procurement in 1925. In taking this action during the course of the trial, Judge Palmieri found the government's case permeated with the fruit of illegal wire taps and held that it would not be...
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