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GANNETT COMPANY, INCORPORATED v. BURKE

No. 76-3085.

551 F.2d 916 (1977)

GANNETT COMPANY, INCORPORATED, Petitioner, v. Honorable Harold P. BURKE, United States District Judge for the Western District of New York, Respondent. UNITED STATES of America, Plaintiff, v. John R. PARRINELLO et al., Defendants.

United States Court of Appeals, Second Circuit.

Submitted January 4, 1977.

Decided January 6, 1977.

On Petition for Rehearing March 4, 1977.

Attorney(s) appearing for the Case

John B. McCrory, Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., for Gannet Co., Inc.

Edward H. Levi, Atty. Gen., Dept. of Justice, Washington, D. C., Richard J. Acara, U. S. Atty. for the Western District of N. Y., Lloyd George Parry, Dept. of Justice Atty., Organized Crime Strike Force, Buffalo, N. Y., Gregory A. Baldwin, Dept. of Justice Atty., Organized Crime Strike Force, Rochester, N. Y., for respondent.

George W. Conaty, Jr., Rochester, N. Y., for Michael W. Roche.

John F. Speranza, Rochester, N. Y., for Daniel L. Bookless.

Newman & Newman, Cleveland, Ohio, for Donald R. Dileno; Anthony R. Palermo, Rochester, N. Y., of counsel.

Before MOORE, TIMBERS and OAKES, Circuit Judges.

A petition for a writ of mandamus having been filed,

Upon consideration thereof, it is

Ordered that said petition be and it hereby is denied.

OAKES, Circuit Judge (dissenting):

I emphatically dissent from the summary denial, without hearing or response, of the petition for mandamus. On or about December 8, 1976, the district court sealed the files in three pending criminal cases at the request of a Government attorney. It did so by verbal order...

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