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ANSPACH v. UNITED STATES

Nos. 6720, 6721.

305 F.2d 960 (1962)

Edward W. ANSPACH, Appellant, v. UNITED STATES of America, Appellee. Walter F. TURNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 27, 1962.

Attorney(s) appearing for the Case

Arthur Warner, Los Angeles, Cal. (S. Ward Sullivan, Beverly Hills, Cal., on the brief), for Edward W. Anspach.

John J. Dunn, Denver, Colo., for Walter F. Turner.

Yale Huffman, Asst. U. S. Atty. (Lawrence M. Henry, U. S. Atty., on the brief), for appellee.

Before LEWIS and BREITENSTEIN, Circuit Judges, and RITTER, District Judge.

June 27, 1962. For original opinion, see 305 F.2d 48.

RITTER, District Judge (dissenting).

When the facts in this case are truly considered, a fair application of established constitutional principles decides the issue in favor of appellants.

The agent overheard an incriminating conversation from an adjoining hotel room. He rented the room for the express purpose of eavesdropping, and to obtain evidence to be used...

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