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UNITED STATES v. BRUCE

Nos. 71-1957-71-1959.

461 F.2d 779 (1972)

UNITED STATES of America, Appellant, v. Ernest William BRUCE et al.

United States Court of Appeals, Third Circuit.

Decided April 12, 1972.

Attorney(s) appearing for the Case

S. John Cottone, U. S. Atty., Scranton, Pa., for appellant.

Richard S. Friedman, Cooper, Friedman & Friedman, Harrisburg, Pa., for appellee Bruce.

Smith B. Gephart, Killian & Gephart, Harrisburg, Pa., for appellee Combs.

Gilbert E. Petrina, Harrisburg, Pa., for appellee Vaught.

Before ADAMS, GIBBONS, and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The United States appeals in this case from an order of the district court suppressing identification testimony of prosecution witnesses.

One month after the defendants were arrested, and one day before counsel was appointed, Government witnesses were shown photographic displays which included pictures of the defendants. Although the suppression order does not so indicate, the trial court must have considered United...

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