United States v. Mack S. Tane

J. JOSEPH SMITH, Circuit Judge.

The government appeals from a pretrial order, entered by Judge Jacob Mish-ler in the Eastern District of New York, dismissing an indictment against Mack Tane. The order sustained the defendant’s objection to certain proffered testimony and dismissed the indictment on the ground that it had resulted from illegal wiretapping.

Mack Tane was indicted on February 7, 1961 on a charge of violating 29 U.S.C. § 186(b) and (d) (1958) 1 by accepting $1000 from an employer, Pase Motors, Inc., on or about February 10,1956, while Tane was a business agent of Local 239 of the…