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IN RE UNITED STATES

No. 6550, Original.

348 F.2d 624 (1965)

In the Matter of UNITED STATES of America, Petitioner. Petition for a Writ of Mandamus.

United States Court of Appeals First Circuit.

July 16, 1965.

Attorney(s) appearing for the Case

John L. McCullough, Atty., Dept. of Justice, with whom Fred M. Vinson, Jr., Acting Asst. Atty. Gen., Francisco A. Gil, Jr., U. S. Atty., and Jay M. Vogelson, Atty., Dept. of Justice, were on memorandum, for petitioner.

Harvey B. Nachman, San Juan, P. R., with whom Nachman & Feldstein, San Juan, P. R., was on memorandum, for intervening respondent.

Before ALDRICH, Chief Judge, LUMBARD, Chief Judge, and LEWIS, Circuit Judge.

ALDRICH, Chief Judge.

During the pendency of an indictment in the District Court of Puerto Rico against intervenor respondent, hereinafter defendant, the government's answer to a bill of particulars having disclosed the names of its two proposed principal witnesses, the defendant moved for court permission to take their deposition. For authority he relied upon F.R.Crim.P. 15(a). This rule provides for the taking of a deposition by a defendant "[i]f it appears that...

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