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UNITED STATES v. MASSINO

No. 85-1140.

784 F.2d 153 (1986)

UNITED STATES of America, Appellant, v. Joseph MASSINO, a/k/a "Joey", Salvatore Vitale, a/k/a "Sally", Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 21, 1986.

Attorney(s) appearing for the Case

Warren N. Eggleston, Asst. U.S. Atty., S.D. of N.Y. (Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., Benito Romano, Asst. U.S. Atty., of counsel), for appellant.

John L. Pollok, New York City (Hoffman Pollok & Gasthalter, New York City), for defendant-appellee Massino.

Mark M. Baker, Jill G. Okun, Barry Ivan Slotnick, P.C., New York City, for defendant-appellee Vitale.

Before JON O. NEWMAN and WINTER, Circuit Judges, and HOLDEN, District Judge.

WINTER, Circuit Judge:

The government appeals from an order suppressing tapes made between June 7 and July 7, 1982, pursuant to a court-authorized wiretap. Defendants Joseph Massino and Salvatore Vitale had moved in the district court to suppress the fruits of this wiretap, as well as five previous wiretap orders. One ground asserted for suppression was that the tapes from five of the six orders had not been sealed in accordance with the law due to excessive sealing...

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