U.S. v. KEPNER

No. 88-5123.

843 F.2d 755 (1988)

UNITED STATES of America, Appellant, v. Thomas KEPNER and Mary Brown.

United States Court of Appeals, Third Circuit.

Decided April 1, 1988.


Attorney(s) appearing for the Case

Joseph A. Hayden, Jr. (argued), Alan Silber, Merrill N. Rubin, Paulette L. Pitt, Hayden, Perle & Silber, Hoboken, N.J., for appellee Mary E. Brown.

Edward J. Plaza, Vernon and Aaron, Shrewsbury, N.J., for appellee Thomas F. Kepner.

Paul J. Fishman (argued), Samuel A. Alito, Jr., Edna Ball Axelron, Alicia Olivera Valle, U.S. Attys., Newark, N.J., for appellant.

Before STAPLETON, MANSMANN and HUNTER, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

In this appeal, the United States seeks reversal of two pre-trial orders of the district court suppressing certain physical evidence, as well as live testimony in the prosecution of appellees Thomas Kepner and Mary Brown. Kepner and Brown, along with four co-defendants,1 were charged in a 32-count indictment with violations of the RICO Act, 18 U.S.C. § 1962(c), (d),...

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