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UNITED STATES v. BUSK

No. 83-1391.

730 F.2d 129 (1984)

UNITED STATES of America v. BUSK, James W., Appellant.

United States Court of Appeals, Third Circuit.

Decided March 22, 1984.

Rehearing and Rehearing Denied April 16, 1984.

Attorney(s) appearing for the Case

Stanford Shmukler (argued), Edward Reif, Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Edward F. Borden, Jr. (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before GIBBONS and BECKER, Circuit Judges, and DUMBAULD, District Judge.

Rehearing and Rehearing In Banc Denied April 16, 1984.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

James W. Busk appeals from a judgment of sentence imposed following his conviction by a jury of conducting an illegal lottery in violation of 18 U.S.C. § 1955 (1982). He contends that the court erred in denying his motion to dismiss the indictment. He also contends that the court erred in denying his motion to suppress evidence comprising or obtained...

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