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UNITED STATES v. PERCEVAULT

No. 613, Docket 73-2633.

490 F.2d 126 (1974)

UNITED STATES of America, Appellant, v. Henry C. PERCEVAULT et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 8, 1974.

Attorney(s) appearing for the Case

Richard L. Shanley, Dept. of Justice (Robert A. Morse, U. S. Atty., E. D. N. Y., Denis E. Dillon, Alan R. Naftalis, Attys., Dept. of Justice, on the brief), for appellant.

Eleanor Jackson Piel, New York City, for defendant-appellee Percevault.

Frank E. Freeman, Miami, Fla., for defendants-appellees Rubinson and Cohen.

Before KAUFMAN, Chief Judge, and WATERMAN and FEINBERG, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

In this appeal, taken prior to trial, we are called on to consider several novel questions pertaining to discovery in criminal cases. The government appeals, pursuant to 18 U.S.C. § 3731, from an order by Judge Weinstein suppressing and excluding from introduction at the forthcoming trial of United States v. Dennis Carroll et al. statements of prospective witnesses which the government has refused to disclose to the defense. Fed...

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