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UNITED STATES v. HERNANDEZ

No. 181, Docket 25604.

290 F.2d 86 (1961)

UNITED STATES of America, Appellee, v. Ramon HERNANDEZ, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 14, 1961.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., S.D.N.Y., and George I. Gordon and Kevin Thomas Duffy, Asst. U. S. Attys., New York City, for petitioner United States.

David F. Dobbins, New York City, for petitioner Ramon Hernandez.

Before CLARK, WATERMAN, and MOORE, Circuit Judges.

CLARK, Circuit Judge.

The United States and the defendant-appellant both petition for rehearing of our decision of August 24, 1960, 2 Cir., 282 F.2d 71, reversing defendant's conviction of violation of the narcotics laws and remanding the case for a new trial. Our decision was based on the trial court's refusal to inspect the minutes of the grand jury testimony of Agent Newkirk, the Government's principal witness at the trial. The...

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