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UNITED STATES v. BAYKOWSKI

No. 78-1274.

583 F.2d 1046 (1978)

UNITED STATES of America, Appellant, v. Paul BAYKOWSKI, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 14, 1978.

Rehearing and Rehearing Denied November 15, 1978.

Attorney(s) appearing for the Case

Robert D. Kingsland, U. S. Atty., and Ronald E. Jenkins, Asst. U. S. Atty., St. Louis, Mo., on brief, for appellant.

C. Clifford Schwartz, Jr., of Shaw, Howlett & Schwartz, Clayton, Mo., on brief, for appellee.

Before HEANEY and STEPHENSON, Circuit Judges, and VAN SICKLE, District Judge.

Rehearing and Rehearing En Banc Denied November 15, 1978.

PER CURIAM.

On this appeal the government challenges an order of the district court1 suppressing an identification by Mrs. Lorraine Dickerson of a photograph of appellee Paul Baykowski, Jr., wearing a sweater similar to one stolen from her home. Jurisdiction of this court is predicated upon 18 U.S.C. § 3731. We affirm.

On March 2, 1978, a seven-count indictment...

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