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UNITED STATES v. JOHNSTON

No. 81-1300.

690 F.2d 638 (1982)

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

United States Court of Appeals, Seventh Circuit.

Decided October 1, 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 CUMMINGS, Chief Judge, and PELL, BAUER, WOOD, CUDAHY, ESCHBACH, POSNER and COFFEY, Circuit Judges.

Reargued En Banc May 26, 1982.

HARLINGTON WOOD, Jr., Circuit Judge.*

The issue is whether the district court, 664 F.2d 152 (7th Cir.), erred when it refused to permit the Assistant United States Attorney assigned to the case to testify in a pretrial suppression hearing. We reverse.

I.

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

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