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UNITED STATES v. CORTELLESSO

No. 78-1446.

601 F.2d 28 (1979)

UNITED STATES of America, Appellant, v. Albert A. CORTELLESSO et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Frank J. Marine, Atty., Dept. of Justice, Washington, D.C., with whom Paul F. Murray, U.S. Atty., Edwin J. Gale, Providence, R.I., and Richard Gregorie, Sp. Attys., Boston Strike Force, Dept. of Justice, Boston, Mass., and William G. Otis, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellant.

Kirk Y. Griffin, Boston, Mass., with whom John Tramonti, Jr., Providence, R.I., and Griffin & Higgins, Boston, Mass., were on brief, for defendants, appellees.

Before ALDRICH and CAMPBELL, Circuit Judges, and CAFFREY, District Judge.

CAFFREY, District Judge.

This is an appeal taken by the United States pursuant to provisions of 18 U.S.C. § 3731 from orders of the District Court suppressing evidence. The first of these orders, entered June 30, 1978, suppressed evidence seized pursuant to search warrants issued April 1, 1977. A second order, entered on October 4, 1978, suppressed evidence seized pursuant to search warrants issued April 4, 1977 on the theory that the April 4 warrant was obtained...

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