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UNITED STATES v. SWANN

No. 73-1723.

526 F.2d 147 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Howard Arthur SWANN et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 19, 1975.

Attorney(s) appearing for the Case

Sidney M. Glazer, Atty. (appeared), Crim. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

George L. Cooke (appeared), San Francisco, Cal., for defendants-appellees.

Before KOELSCH and BROWNING, Circuit Judges, and KELLEHER, District Judge.

OPINION

PER CURIAM:

The government appeals from an order of the district court suppressing evidence derived from wiretaps approved by prior court orders dated September 13, 1971, October 26, 1971, and November 12, 1971, on the ground that the Department of Justice failed to comply (1) with the requirement of 18 U.S.C. § 2516(1) that an application for a wiretap order be authorized by the Attorney General himself, or by an Assistant Attorney General...

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