PALERMO v. BELL TELEPHONE COMPANY OF PENNSYLVANIA

Nos. 17381, 17382.

415 F.2d 298 (1969)

John A. PALERMO and Shirley Palermo, His Wife, v. The BELL TELEPHONE COMPANY OF PENNSYLVANIA and Arlen Specter, District Attorney of Philadelphia, (2 cases.)

United States Court of Appeals Third Circuit.

Decided July 1, 1969.

As Amended July 29, 1969.


Attorney(s) appearing for the Case

John Rogers Carroll, Philadelphia, Pa., for appellants.

Jerome J. Shestack, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa. (M. Richard Kalter, Philadelphia, Pa., John B. King, Donald F. Clarke, Philadelphia, Pa., on the brief), for appellee Bell Telephone Co.

Joseph J. Musto, Asst. Dist. Atty., Philadelphia, Pa. (Roger F. Cox, Asst. Dist. Atty., James D. Crawford, Asst. Dist. Atty., Chief, Appeals Division, Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee Arlen Specter.

Before STALEY, ALDISERT and STAHL, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

In February of 1968, the office of appellee Arlen Specter, the District Attorney of Philadelphia County, obtained evidence from the home of appellants, John and Shirley Palermo, which tended to implicate John Palermo of using his telephone service in violation of the gambling and banking laws of Pennsylvania. Subsequently, the District Attorney's office informed appellee Bell Telephone Company of Pennsylvania of the alleged...

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