ATLANTIC COAST LINE RAILROAD CO. ET AL.
v.
BROTHERHOOD OF RAILWAY TRAINMEN ET AL.

U.S. | 1966-06-20
No. 1402
Mr. Justice Douglas and Mr. Justice Fortas took no part in the consideration or decision of this petition.
384 U.S. 1000 Supreme Court of the United States (1966) Positive Treatment
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  • United States v. Tomaiolo, 378 F.2d 26 (2d Cir. 1967)
    …n in Escobedo is not applied retroactively and, therefore, is not available to Tomaiolo. It follows [*29] that he also cannot complain of the identification for in U. S. ex rel. Stovall v. Denno, 355 F. 2d 731 (2 Cir. 1966) (en banc), cert. granted, 384 U.S. 1000, 86 S.Ct. 1983, 16 L.Ed.2d 1014, this Court held that at least in cases where Escobedo did not apply, a face to face identification of an accused in the absence of his counsel was not objectionable. Affirmed.…

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