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COLANGELO v. UNITED STATES

No. 77-1400.

575 F.2d 994 (1978)

Louis COLANGELO, Plaintiff-Appellee, v. UNITED STATES of America et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided May 17, 1978.

Attorney(s) appearing for the Case

F. Arnold Heller, Atty., Tax Div., Dept. of Justice, Washington, D. C., with whom M. Carr Ferguson, Asst. Atty. Gen., Edward F. Harrington, U. S. Atty., Boston, Mass., Gilbert E. Andrews, and Richard Farber, Attys., Tax Div., Dept. of Justice, Washington, D. C., were on brief, for defendants-appellants.

Avram G. Hammer, Boston, Mass., for plaintiff-appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, GORDON, District Judge.

MYRON L. GORDON, District Judge.

The appellee Louis Colangelo filed this action, claiming that wagering excise tax jeopardy assessments of $61,797.63 and a federal tax lien in the same amount lodged against his property were based on information obtained from illegal wiretaps conducted by the FBI. A three-judge court stayed the Government's sale of the appellee's property pending a decision in United States v. Giordano, 416 U.S. 505...

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