APPLICATION OF NEWSDAY, INC.

Nos. 395, 396, Dockets 89-6169, 89-6177.

895 F.2d 74 (1990)

In re Application of NEWSDAY, INC. In re Application for LIMITED UNSEALING OF AFFIDAVIT SUPPORTING SEARCH WARRANT DATED JUNE 13, 1988. Charles F. GARDNER, Appellant, v. NEWSDAY, INC., Appellee.

United States Court of Appeals, Second Circuit.

Decided January 29, 1990.


Attorney(s) appearing for the Case

Michael J. Dell, New York City (Gary P. Naftalis and Suzanne L. Telsey, Kramer, Levin, Nessen, Kamin & Frankel, of counsel), for appellant Charles F. Gardner.

Robert Lloyd Raskopf, New York City (Harry T. Walters and Paul S. Grobman, Townley & Updike and Nancy Richman, Times Mirror Co., of counsel), for appellee Newsday.

Maury S. Epner, Washington, D.C. (Henry E. Hudson and Joseph J. Aronica, Dept. of Justice, of counsel), for amicus curiae the U.S.

Before OAKES, PIERCE, and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Newsday, a newspaper, sought access to a search-warrant application containing information obtained by a wiretap. The application had been sealed by the district court at the request of the government. Following a guilty plea by the subject of the wiretap, the government withdrew its earlier objection to unsealing the application, and the district court released a redacted copy of the warrant materials. The subject of the wiretap appeals...

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