UNITED STATES v. STEELHAMMER

Nos. 75-2178, 75-2179.

561 F.2d 539 (1977)

UNITED STATES of America, Appellee, v. Richard STEELHAMMER, Appellant. UNITED STATES of America, Appellee, v. Andrew GALLAGHER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 31, 1977.


Attorney(s) appearing for the Case

Roger W. Tompkins, Charleston, W. Va. (Stone, Bowles, Kauffelt & McDavid, Charleston, W. Va., on brief), for appellants.

Jack C. Landau, Washington, D. C., The Reporters Committee for Freedom of the Press (Laura Kalman, University of California at Los Angeles Law School, Allan Adler, George Washington University Law Center, Legal Researchers on brief), for amicus curiae.

Wayne A. Rich, Jr. and Frank E. Jolliffe, Asst. U. S. Attys., Charleston, W. Va. (John A. Field, III, U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL and WIDENER, Circuit Judges, sitting in banc.


PER CURIAM:

A panel of the court decided this case by a split vote. United States v. Steelhammer, 539 F.2d 373 (4 Cir. 1976). The majority opinion was written by Judge Bryan and concurred in by Judge Kunzig of the United States Court of Claims who was sitting by designation. Judge Winter dissented and filed a separate statement of his views.

We granted rehearing in banc to determine whether, under the facts and circumstances...

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