DeBINDER v. UNITED STATES

No. 16846.

303 F.2d 203 (1962)

Walter E. DeBINDER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 10, 1962.


Attorney(s) appearing for the Case

Mr. Robert M. Lichtman, Washington, D. C., with whom Mr. Joseph F. Healy, Jr., Washington, D. C. (both appointed by this court), and Mr. J. Ronald Trost, Washington, D. C., were on the brief, for appellant.

Mr. William C. Weitzel, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Nathan J. Paulson and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before Mr. Justice BURTON, retired, and EDGERTON and WRIGHT, Circuit Judges.


PER CURIAM.

This case has been here before. 110 U.S.App.D.C. 244, 292 F.2d 737. At that time the court held that the trial judge abused his discretion under Fed. R.Crim.P. Rule 6(e), 18 U.S.C.A., in refusing to order production of the grand jury testimony of the complaining witness for examination and use by the appellant. The case was remanded with the following instructions:

"Considering all the circumstances of this case...

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