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UNITED STATES v. BURKE

No. 79-139-CR-EPS.

490 F.Supp. 855 (1980)

UNITED STATES of America, Plaintiff, v. Robert M. BURKE, III, William Curtis Calloway, Walter Crane, Scott Barry and Richard Stummer, Defendants.

United States District Court, S. D. Florida, Miami Division.

May 5, 1980.

Attorney(s) appearing for the Case

Glenn B. Kritzer, Asst. U. S. Atty., Miami, Fla., for plaintiff.

D. A. DePetris, New York City, Sidney Soltz, Miami, Fla., for defendant Crane.

M. H. Bloom, Miami, Fla., for defendant Stummer.

Melvyn Kessler, Miami, Fla., for defendant Barry.

A. B. Stark, Miami, Fla., for defendant Burke.

N. R. Lewis, Miami, Fla., for defendant Calloway.

MEMORANDUM OPINION AND ORDER ON MOTION TO SUPPRESS

SPELLMAN, District Judge.

This is an appeal by the Government from the report of the United States Magistrate recommending that the evidence obtained by a wire tap against these defendants be suppressed. Without disturbing the findings of fact below, this Court finds that the Magistrate erred in applying the law of this Circuit and holds that the evidence should not be suppressed.

I. THE FACTS AND...

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