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UNITED STATES v. ROSENBERG

No. 12554.

257 F.2d 760 (1958)

UNITED STATES of America v. Joel ROSENBERG, Appellant.

United States Court of Appeals Third Circuit.

Decided July 22, 1958.

Rehearing Denied August 15, 1958.

Attorney(s) appearing for the Case

Bernard Tompkins, New York City (Herbert Edelhertz, New York City, Stanley Bernard Singer, Philadelphia, Pa., on the brief), for appellant.

Louis C. Bechtle, Asst. U. S. Atty., Philadelphia, Pa. (Harold K. Wood, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

For a second time in the course of this litigation we must determine whether withholding from the defendant certain data, which defense counsel had asked the government to surrender for inspection and possible use in the cross-examination of witnesses, has amounted to reversible error under the principles announced in Jencks v. United States, 1957, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103. On the first appeal...

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