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UNITED STATES v. KANAN

No. 19395.

341 F.2d 509 (1965)

UNITED STATES of America, Appellant, v. Virgil F. KANAN, Donald R. Elbel, George M. Hill, R. E. Wolfe, Martin Breitenbach and James F. Byrne, Appellees.

United States Court of Appeals Ninth Circuit.

February 4, 1965.

Attorney(s) appearing for the Case

Beatrice Rosenberg, Jerome M. Feit, Doris R. Williamson, Dept. of Justice, Washington, D. C., for appellant.

Edward P. Morgan, Welch, Mott & Morgan, Washington, D. C., Morris A. Shenker, St. Louis, Mo., Harry J. Cavanagh, John P. Otto, John E. Savoy, O'Connor, Anderson, Westover, Killingsworth & Beshears, John J. Flynn, Phoenix, Ariz., for appellees.

Before ORR, BARNES and KOELSCH, Circuit Judges.

BARNES, Circuit Judge:

This is an appeal by the United States from an order of the United States District Court for the District of Arizona entered on September 24, 1963, dismissing an indictment on the ground that all the evidence before the grand jury had been illegally obtained. Appellant asserts this court possesses jurisdiction to entertain this appeal under the Criminal Appeals Act, 18 U.S.C. § 3731. The relevant portion of that section reads as follows...

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