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UNITED STATES v. GIACALONE

No. 72-1765.

477 F.2d 1273 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony GIACALONE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1973.

Attorney(s) appearing for the Case

John T. Spotila, Crim. Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant; Ralph B. Guy, Jr., U. S. Atty., Laurence Leff, Sp. Atty., Dept. of Justice, Detroit, Mich., Jerome M. Feit, Eugene M. Propper, Dept. of Justice, Washington, D. C., on brief.

Neil H. Fink, Detroit, Mich., on brief, for defendant-appellee; Joseph Louisell, Detroit, Mich., of counsel.

Before PECK and KENT, Circuit Judges, and YOUNG, District Judge.

KENT, Circuit Judge.

This is an appeal by the United States from the District Court's order dismissing an indictment. The appeal is taken under the provisions of Title 18 U.S.C. § 3731.1

The facts are relatively simple. On November 14, 1968, appellee and his brother, Vito Giacalone, were indicted by a Grand Jury sitting in the United States District Court for the Eastern District of Michigan. In that indictment appellee and...

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