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UNITED STATES v. BUTENKO

No. 72-1741.

494 F.2d 593 (1974)

UNITED STATES of America v. John William BUTENKO and Igor A. Ivanov. Appeal of Igor A. IVANOV.

United States Court of Appeals, Third Circuit.

Reargued November 15, 1973.

Decided March 5, 1974.

As Amended April 9, 1974.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, John J. Barry, Edward J. Dauber, Asst. U. S. Attys., Newark, N. J., A. William Olson, Asst. Atty. Gen., Robert Keuch, Internal Security Div., Dept. of Justice, Washington, D. C., Herbert J. Stern, U. S. Atty., for appellee.

Edward Bennett Williams, Vincent J. Fuller, Robert L. Weinberg, Williams, Connolly & Califano, Washington, D. C., for appellant.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Reargued en banc November 15, 1973.

Argued March 20, 1973

Before SEITZ, Chief Judge, and ALDISERT and ADAMS, Circuit Judges.

Reargued en banc November 15, 1973

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Among the more perplexing dilemmas faced by a democractic...

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