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U.S. v. FEISTE

No. 91-1576.

961 F.2d 1349 (1992)

UNITED STATES of America, Appellant, v. Wilbert P. FEISTE; Dianna L. Perry; Elyzabeth A. Johnson; John R. Jindra; Kenneth M. Sass; Joseph J. Sterba; Penny C. Neilsen-Logue; Donald J. Dougherty; Donald R. Dostal; Joan M. Pace; Kenneth E. Seffron; Samuel S. Distefano; Norton H. Stephens; Eugene L. Larson; Michael J. Steinhauer; Gerald L. Miles; Douglas L. Nelson; Fred R. Kelly, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 15, 1992.

Attorney(s) appearing for the Case

Robert F. Kokrda, Omaha, Neb., for appellant.

James Martin Davis, Omaha, Neb., argued (David R. Stickman on brief), for appellees.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

LAY, Chief Judge.

The government appeals from the district court's1 order granting defendants' motion to suppress state-authorized wire-tap recordings. The court suppressed the recordings based on the untimely sealing of the tapes, 18 U.S.C. § 2518(8)(a) (1988), and because government investigators failed to obtain proper court-ordered authorization to use the tapes in a federal prosecution. United States v. Feiste, No. CR...

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