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UNITED STATES v. LACKEY

No. 17310.

413 F.2d 655 (1969)

UNITED STATES of America, Plaintiff-Appellant, v. James F. LACKEY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 4, 1969.

Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Joseph M. Howard, Vincent P. Russo, Richard B. Buhrman, Attys., Dept. of Justice, Washington, D. C., Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., for plaintiff-appellant.

Stephen A. Seall, James F. Thornburg, Edward J. Gray, South Bend, Ind., Keith Campbell, Idaville, Ind., for appellee.

Before FAIRCHILD and CUMMINGS, Circuit Judges, and CAMPBELL, District Judge.

CUMMINGS, Circuit Judge.

Pursuant to 18 U.S.C. § 3731, the Government has appealed from an order to suppress evidence. The order was based on the failure of Special Agent Young of the Intelligence Division of the Internal Revenue Service to give defendant the multiple warnings delineated in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, during the interrogation of defendant...

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