UNITED STATES v. PICONE

No. 76-1027.

560 F.2d 998 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Vincent PICONE and Anthony Simone, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 15, 1977.


Attorney(s) appearing for the Case

William A. Keefer, Sp. Atty., Dept. of Justice, Kansas City, Mo. (E. Edward Johnson, U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellant.

Anthony J. Romano, Kansas City, Mo. (James R. Wyrsch, Kansas City, Mo., on the brief), for defendants-appellees.

Before SETH and HOLLOWAY, Circuit Judges, and CHILSON, District Judge.


HOLLOWAY, Circuit Judge.

This appeal by the Government pursuant to 18 U.S.C. § 3731 from a suppression order presents questions under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2510-2520. After a thorough evidentiary hearing the district court suppressed as to two parties, defendant appellants Picone and Simone, the contents of interceptions and evidence derived thereupon, United States v. Picone,

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