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UNITED STATES v. LOSING

Nos. 76-1040, 76-1045.

539 F.2d 1174 (1976)

UNITED STATES of America, Appellee, v. Russell V. LOSING, Jr., Appellant. UNITED STATES of America, Appellee, v. Donald Ray FEICK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1976.

Attorney(s) appearing for the Case

Bernard Steinger, Clayton, Mo., for appellant, Russell V. Losing, Jr.

Donald J. Stohr (former U. S. Atty.), and Richard E. Coughlin, Asst. U. S. Atty., St. Louis, Mo., for appellee, United States.

Irl B. Baris, St. Louis, Mo., for appellant; Kenneth H. Graeber, St. Louis, Mo., on brief for Donald Ray Feick.

Before VAN OOSTERHOUT, Senior Circuit Judge, LAY and HENLEY, Circuit Judges.

VAN OOSTERHOUT, Senior Circuit Judge.

Defendants Donald Ray Feick and Russell Victor Losing, Jr., were tried jointly and convicted in the Eastern District of Missouri on various narcotics charges. Both appeal. They contend, inter alia, that the district court erred in failing to conduct an evidentiary hearing to consider the validity of a certain wiretap conducted by the Government in purported compliance with Title III of the Omnibus Crime Control and Safe...

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