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SERFASS v. UNITED STATES

No. 73-1424.

420 U.S. 377 (1975)

95 S.Ct. 1055

43 L.Ed.2d 265

SERFASS v. UNITED STATES.

Supreme Court of United States.

Decided March 3, 1975.

Attorney(s) appearing for the Case

Harry A. Dower argued the cause for petitioner. With him on the brief was Barry N. Mosebach.

Edward R. Korman argued the cause for the United States. With him on the brief were Solicitor General Bork, Assistant Attorney General Petersen, and Deputy Solicitor General Frey.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to decide whether a Court of Appeals has jurisdiction of an appeal by the United States from a pretrial order dismissing an indictment based on a legal ruling made by the District Court after an examination of records and an affidavit setting forth evidence to be adduced at trial.

I

The material facts are not in dispute. Petitioner...

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