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ZIZZO v. UNITED STATES

No. 18168.

447 F.2d 857 (1971)

Frank ZIZZO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied September 28, 1971.

Attorney(s) appearing for the Case

Carl M. Walsh, Maurice J. Walsh, Chicago, Ill., John Kappos, Gary, Ind., for petitioner-appellant.

Mervyn Hamburg, Appellate Section, Criminal Division, U. S. Department of Justice, Washington, D. C., William C. Lee, U. S. Atty., Richard L. Keiser, Asst. U. S. Atty., Fort Wayne, Ind., for respondent-appellee.

Before SWYGERT, Chief Circuit Judge, MURRAH, Senior Circuit Judge and CAMPBELL, Senior District Judge.

CAMPBELL, Senior Judge.

This cause is again before this court on order of the Supreme Court vacating our judgment previously entered and remanding the case for reconsideration in light of the Supreme Court's views expressed in Mackey v. United States, 401 U.S. 667, 91 S.Ct. 1160, 28 L.Ed.2d 404, on April 5, 1971. Counsel have filed new briefs with us explaining their differing interpretations of those differing views.

Frank...

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