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UNITED STATES v. BATTAGLIA

Nos. 16312, 16313.

394 F.2d 327 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Salvatore BATTAGLIA and Dave Evans, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 17, 1968.

Attorney(s) appearing for the Case

John Powers Crowley, Maurice J. Walsh, Anthony V. Champagne, Chicago, Ill., Raymond J. Smith, Morris A. Haft, Chicago, Ill., for appellants.

Edward V. Hanrahan, U. S. Atty., Gerald M. Werksman, Asst. U. S. Atty., Chicago, Ill., for appellee, John Peter Lulinski, Gerald M. Werksman, Asst. U. S. Attys., of counsel.

Before SCHNACKENBERG, SWYGERT and CUMMINGS, Circuit Judges.

Rehearing Denied April 17, 1968, en banc.

On Motion to Remand

CUMMINGS, Circuit Judge.

Since our opinion was announced, defendants have filed a motion to remand to the District Court to determine the effect of any eavesdropping on this trial in accordance with the procedure prescribed in Kolod v. United States, 390 U.S. 136, 88 S.Ct. 752, 19 L.Ed.2d 962. In response, the Government has transmitted the transcripts of...

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