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UNITED STATES v. FLENORY

No. 79-2648.

619 F.2d 301 (1980)

UNITED STATES of America, Appellant, v. Londer FLENORY.

United States Court of Appeals, Third Circuit.

Decided April 29, 1980.

Attorney(s) appearing for the Case

Robert J. Cindrich, U.S. Atty., Frederick W. Thieman, Asst. U.S. Atty., Pittsburgh, Pa., for appellant.

George G. Mahfood, Pittsburgh, Pa., for appellee.

Before ALDISERT and GIBBONS, Circuit Judges and GERRY, District Judge.

Submitted Pursuant to Third Circuit Rule 12(6) March 18, 1980.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Londer Flenory, indicted for violations of 18 U.S.C. §§ 2113(a) and 2113(d) for his alleged participation in a July 17, 1979 bank robbery, moved prior to his trial to suppress evidence of all out-of-court identifications and to prohibit in-court identification testimony as well. After a hearing the district court ordered the suppression...

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