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UNITED STATES v. KELLY

Nos. 82-1539, 82-1541.

708 F.2d 121 (1983)

UNITED STATES of America, Appellant, v. KELLY, Michael, Appellee in No. 82-1539 and UNITED STATES of America, Appellant v. KELLY, Stephen, Appellee in No. 82-1541.

United States Court of Appeals, Third Circuit.

Decided May 31, 1983.

Rehearing and Rehearing Denied June 24, 1983.

Certiorari Denied October 17, 1983.

Attorney(s) appearing for the Case

Frank Sherman (argued), Asst. U.S. Atty., Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Philadelphia, Pa., for appellant.

Steven Morley (argued), Asst. Defender, Defender Ass'n of Philadelphia, Federal Court Div., Philadelphia, Pa., for Michael Kelly.

Mary McNeill Zell (argued), Barry H. Denker, Philadelphia, Pa., for Stephen Kelly.

Before GIBBONS, HUNTER and ROSENN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 24, 1983.

Certiorari Denied October 17, 1983. See 104 S.Ct. 279.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

The United States appeals from two pretrial orders entered by the United States District Court for the Eastern District of Pennsylvania suppressing evidence in the federal criminal prosecutions of Stephen Kelly and Michael Kelly. The government had planned to introduce three tape...

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