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UNITED STATES v. BROWARD

No. 602, Docket 78-1409.

594 F.2d 345 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Odell BROWARD and Gary L. Forbes, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 9, 1979.

Certiorari Denied June 18, 1979.

Attorney(s) appearing for the Case

Edward J. Wagner, Asst. U. S. Atty., Buffalo, N. Y. (Richard J. Arcara, U. S. Atty., Western District of New York, Buffalo, N. Y., of counsel), for plaintiff-appellant.

Mark J. Mahoney, Buffalo, N. Y. (Diebold, Bermingham, Gorman, Brown & Bridge, Buffalo, N. Y., of counsel), for defendant-appellee Broward.

Arthur F. Dobson, Buffalo, N. Y. (Parrino, Cooper, Butler & Dobson, Buffalo, N. Y., of counsel), for defendant-appellee Forbes.

Before LUMBARD, FEINBERG and MESKILL, Circuit Judges.

Certiorari Denied June 18, 1979. See 99 S.Ct. 2882.

FEINBERG, Circuit Judge:

This is an appeal by the United States, pursuant to 18 U.S.C. § 3731, from an order of Judge John T. Elfvin of the United States District Court for the Western District of New York suppressing certain evidence and dismissing a five-count narcotics indictment. Appellees Broward and Forbes were charged with conspiring to distribute heroin, 21 U.S.C. §§ 841, 846; Forbes...

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