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UNITED STATES v. GREELY

No. 22532.

425 F.2d 592 (1970)

UNITED STATES of America, Appellant, v. Ernest M. GREELY.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 1970.

Attorney(s) appearing for the Case

Mr. Thomas C. Green, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, and Charles A. Mays, Asst. U. S. Atty., were on the brief, for appellant. Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Roger E. Zuckerman, Asst. U. S. Attys., also entered appearances for appellant.

Mr. Allan M. Palmer, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, and ROBINSON and MacKINNON, Circuit Judges.

BAZELON, Chief Judge:

This is a government appeal from a pre-trial order suppressing the identification testimony of two witnesses to an attempted robbery and felony-murder. The suppression order recites that the identifications were twice tainted, by an arrest without probable cause and by an unnecessarily suggestive display of photographs to each witness. This appeal is authorized by 18 U.S.C. § 3731 (Supp. IV 1965-1968).

The record does not afford...

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