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UNITED STATES v. MOORE

No. 76-1355.

562 F.2d 106 (1977)

UNITED STATES of America, Appellant, v. Frederick H. MOORE et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

As Amended On Denial of Rehearing October 25, 1977.

Attorney(s) appearing for the Case

James E. O'Neil, Asst. U. S. Atty., Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for appellant.

Evan T. Lawson, Boston, Mass., with whom Lawson & Wayne, Boston, Mass., was on brief, for defendants, appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Appellees Frederick H. Moore and Brock P. Bobisink, and another, were charged with conspiracy to manufacture and distribute and with manufacturing and distributing phencyclidine, a Schedule III controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Prior to trial, they moved to suppress evidence seized by government agents after an investigation during which electronic beepers were used both to help monitor...

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