U. S. v. ONE RESIDENCE AND ATTACHED GARAGE, ETC.

No. 78-2485.

603 F.2d 1231 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. ONE RESIDENCE AND ATTACHED GARAGE OF ANTHONY J. ACCARDO DESIGNATED AS 1407 ASHLAND AVENUE, RIVER FOREST, ILLINOIS AND LOCATED ON the NORTHEAST CORNER AT INTERSECTION OF ASHLAND AVENUE AND GREENFIELD. Appeal of Anthony J. ACCARDO, Movant.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 1979.

As Amended July 2, 1979.


Attorney(s) appearing for the Case

Carl M. Walsh, Chicago, Ill., for movant-appellant.

Charles C. Wehner, Chicago Strike Force, Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, BAUER and WOOD, Circuit Judges.


BAUER, Circuit Judge.

The issue herein presented is the appealability by movant-appellant of an order denying his "pre-indictment" motion for return of property pursuant to Rule 41(e), Fed.R.Crim.P.1 Appellant claims the adverse order is final and appealable pursuant to 28 U.S.C. § 1291, whereas the government argues the order is interlocutory and not appealable.

The facts of this case, insofar as they are defined for purposes...

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