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UNITED STATES v. SCALIA

Nos. 72-1046, 72-1047.

464 F.2d 1301 (1972)

UNITED STATES of America v. Leonard J. SCALIA et al., Appellants in No. 72-1047. Appeal of Frank CATANIO, in No. 72-1046.

United States Court of Appeals, Third Circuit.

Decided June 26, 1972.

Attorney(s) appearing for the Case

Leonard Meyerson, Miller, Hochman, Meyerson & Miller, Jersey City, N. J., for appellant Frank Catanio.

Harvey Weissbard, Querques, Isles & Weissbard, Orange, N. J., for appellant Leonard J. Scalia.

John J. Barry, Asst. U. S. Atty., Newark, N. J., for appellee.

Before SEITZ, Chief Judge, and GIBBONS and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

After a mistrial defendants, Scalia and Catanio, were convicted by a jury on an indictment charging illegal entry of a U.S. Post Office.

On the evening of Sunday, December 22, 1968 at around 11 p.m., Secaucus, New Jersey police officers, responding to a call, investigated the U.S. Post Office at Plaza Center in Secaucus. One of the officers, viewing the illuminated interior...

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