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UNITED STATES v. LAMMA

No. 545, Docket 29191.

349 F.2d 338 (1965)

UNITED STATES of America, Appellee, v. David LAMMA, Appellant.

United States Court of Appeals Second Circuit.

Decided August 4, 1965.

Attorney(s) appearing for the Case

Werner L. Polak, New York City (J. Robert Lunney, New York City, on the brief), for defendant-appellant.

Robert J. McGuire, Asst. U. S. Atty., Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, and Peter E. Fleming, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE and ANDERSON, Circuit Judges, and LEVET, District Judge.

ANDERSON, Circuit Judge.

The question presented on this appeal concerns the interpretation and application of the Jencks Act, Title 18 U.S.C. § 3500.

The case arose out of an investigation of suspected illicit traffic in narcotics in the vicinity of 45 East 135th Street in New York City on September 7, 1961. The appellant, Lamma, Bernard Shelton, a co-defendant in the indictment, and another man were under surveillance. Two narcotics agents saw the three...

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