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UNITED STATES v. CLARK

No. 71-1587.

454 F.2d 1056 (1972)

UNITED STATES of America v. Calvin CLARK, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 2, 1972.

Attorney(s) appearing for the Case

Nancy Rosner, Rosner & Rosner, New York City (James P. McKenna, Jr., Pittsburgh, Pa., Edmund Allen Rosner, New York City, on the brief), for appellant.

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa. (Samuel J. Orr, III, Kathleen Kelly Curtin, Asst. U. S. Attys., Pittsburgh, Pa., on the brief), for appellee.

Before ADAMS, GANEY and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

GANEY, Circuit Judge.

This is an appeal from the denial of appellant's motion pursuant to Rule 33 of the Federal Rules of Criminal Procedure, based on grounds of newly discovered evidence. Appellant claims this evidence shows that the prosecutor, knowing that it was false, failed to challenge or correct certain testimony of a police officer.1 The prior motions for...

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