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UNITED STATES v. ROTHBERG

No. 603, Docket 71-2175.

460 F.2d 223 (1972)

UNITED STATES of America, Appellant, v. Mitchell ROTHBERG et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided May 17, 1972.

Attorney(s) appearing for the Case

Guy L. Heinemann, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., David G. Trager, Asst. U. S. Atty., on the brief), for appellant.

Alan Scribner, New York City (Michael Metzger, San Francisco, Cal., Ivan S. Fisher, New York City, on the brief), for appellees.

Before HAYS, MANSFIELD and MULLIGAN, Circuit Judges.

HAYS, Circuit Judge:

The Government appeals, pursuant to 18 U.S.C. § 3731 (1970), from an order of the United States District Court for the Eastern District of New York, granting defendants' motion to suppress evidence.

We accept the District Court's findings of facts. On the morning of February 2, 1971, detectives of the New York Joint Task Force on Narcotics received a tip "that defendant Mitchell Rothberg would receive a large shipment of hashish that...

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