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UNITED STATES v. JOHNSTON

No. 81-1300.

664 F.2d 152 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Ted JOHNSTON, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 1981.

Rehearing and Rehearing Granted and Opinion Vacated March 23, 1982.

Attorney(s) appearing for the Case

David C. Bohan, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellant.

Marvin Bloom, Chicago, Ill., for defendant-appellee.

Before WOOD and CUDAHY, Circuit Judges, and DUMBAULD, Senior District Judge.

Rehearing and Rehearing En Banc Granted and Opinion Vacated March 23, 1982.

CUDAHY, Circuit Judge.

In this appeal we are asked to decide whether the district court erred when it refused to permit an Assistant United States Attorney to testify in a suppression hearing preceding a jury trial in which he participated as a government prosecutor. We affirm.

I. FACTS

On May 21, 1980, defendant Ted Johnston and eleven co-defendants were indicted...

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