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UNITED STATES v. SIMON

No. 16776.

409 F.2d 474 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Donald SIMON, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

As Modified on Denial of Rehearing May 14, 1969.

Attorney(s) appearing for the Case

Anna R. Lavin, Edward J. Calihan, Jr., Chicago, Ill., for appellant.

Thomas A. Foran, U. S. Atty., Michael B. Cohen, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., of counsel, for appellee.

Before CASTLE, Chief Judge, and KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

Defendant appeals his conviction, by the court without a jury, on three counts of the willful, forceful assault, resistance and interference with narcotics agents in performance of their official duties.1 We affirm.

Before trial, Simon moved to quash the indictment on the ground, inter alia, that his arrest was "illegal, unlawful and unwarranted." The district court decided that the arrest was based...

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