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UNITED STATES v. YANAGITA

No. 670, Docket 76-1405.

552 F.2d 940 (1977)

UNITED STATES of America, Appellant, v. Michael Kazuo YANAGITA and Marc Choyei Kondo, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 30, 1977.

Attorney(s) appearing for the Case

Edward R. Korman, Chief Asst., U. S. Atty., Brooklyn, N.Y. (David G. Trager, U. S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for appellant.

James Reif, Brooklyn, N.Y. (Amy Gladstein, Attorney, Gladstein, Meyer & Reif, Brooklyn, N.Y., of counsel), for appellees.

Before KAUFMAN, Chief Judge, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal concerns the timeliness of claims by witnesses under 18 U.S.C. § 35041 that their examination was to be based upon the products of unlawful surveillance and the scope of the government's duty under that statute to "affirm or deny" the existence of illegal wiretapping in response to requests first made on the day the witnesses were required by subpoena to appear and testify in a criminal trial...

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