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UNITED STATES v. DiGIRLOMO

No. 76-1417.

550 F.2d 404 (1977)

UNITED STATES of America, Appellant, v. Nicholas DiGIRLOMO et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1977.

Attorney(s) appearing for the Case

John J. Klein, U.S. Dept. of Justice, Crim. Div., Appellate Section, Washington, D.C., for appellant; Bert C. Hurn, U.S. Atty., Kansas City, Mo., William E. Zleit and David B. B. Helfrey, Sp. Attys., Dept. of Justice, Kansas City, Mo., Mervyn Hamburg, Washington, D.C., on brief.

Joel Pelofsky, Kansas City, Mo., argued for appellees and filed brief for appellee, DiGirlomo; David W. Kierst, Jr., Kansas City, Mo., filed brief for appellee, Gulotta.

Before GIBSON, Chief Judge, MARKEY, and STEPHENSON, Circuit Judge.

STEPHENSON, Circuit Judge.

This appeal is taken from an order of the district court1 entered April 21, 1976, suppressing evidence obtained by electronic surveillance of appellees. The district court found that the appellees were served with notice of the interception almost 20 months after the statutory deadline.2 Following the authority of United States v. Civella, 533 F.2d 1395

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