UNITED STATES v. DIGGS

No. 77-1391.

569 F.2d 1264 (1977)

UNITED STATES of America, Appellant, v. Alfred B. DIGGS.

United States Court of Appeals, Third Circuit.

Decided December 30, 1977.


Attorney(s) appearing for the Case

S. John Cottone, U. S. Atty., Sal D. M. Cognetti, Jr., Asst. U. S. Atty., Scranton, Pa., for appellant.

Nathan H. Waters, Jr., Harrisburg, Pa., for appellee.

Before GIBBONS, and VAN DUSEN, Circuit Judges, and GERRY, District Judge.


OPINION OF THE COURT

GIBBONS, Circuit Judge.

The government appeals pursuant to 18 U.S.C. § 3731 from the grant of defendant Diggs's motion to suppress certain evidence. This is the second time that the admissibility of the evidence has been before this court. The first appeal resulted in a remand to the district court for an answer to the question whether, when agents of the Federal Bureau of Investigation opened a locked box, they were conducting...

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