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U.S. v. RYANS

No. 89-6096.

903 F.2d 731 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Donald Eugene RYANS d/b/a Ryans Moving & Storage and Westside Movers, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 8, 1990.

Attorney(s) appearing for the Case

David Seidman, Atty., Dept. of Justice, Washington, D.C. (Charles F. Rule, Asst. Atty. Gen., Judy L. Whalley, Deputy Asst. Atty. Gen., and John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., Alan A. Pason, Katherine A. Schlech, Dana M. Campbell and David B. Shapiro, Attys., Dept. of Justice, Dallas, Tex., were also on the brief), for plaintiff-appellant.

William J. Skepnek, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, Okl. (Kindanne C. Jones, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, Okl. and C. Kevin Morrison, Tulsa, Okl., were also on the brief), for defendant-appellee.

Ellen Yankever Suni, University of Missouri at Kansas City School of Law, Kansas City, Mo., for amicus curiae Nat. Ass'n of Criminal Defense Lawyers, Inc.

Before HOLLOWAY, Chief Judge, and LOGAN and ANDERSON, Circuit Judges.

HOLLOWAY, Chief Judge.

The government appeals from a pretrial order of the district court granting the defendant-appellee's motion to suppress evidence as to two tape recordings in this criminal proceeding. This court has jurisdiction of the appeal pursuant to 18 U.S.C. § 3731.

I

A.

Defendant-appellee Donald Eugene Ryans ("Ryans") was charged with conspiring, together with unnamed co-conspirators, to restrain and suppress competition...

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