IN RE UNITED STATES

No. 78-3299.

584 F.2d 666 (1978)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Fifth Circuit.

November 2, 1978.


Attorney(s) appearing for the Case

J. V. Eskenazi, U. S. Atty., Miami, Fla., Gary L. Betz, Leonard A. Sands, Sp. Attys., Dept. of Justice Miami, Fla., for petitioner.

Sidney M. Aronovitz, Judge, U.S.D.C., George D. Gold, Thomas G. Murray, Miami, Fla., for Kabbaby.

Stephen J. Goldstein, North Miami, Fla., for Goodman.

Harvey N. Gedrich, Fort Lauderdale, Fla., for Heller.

Michael A. Masin, Miami, Fla., for Kocher.

Donald F. Spain, Miami, Fla., for Garcia.

Angelo Ali, Miami, Fla., for Lombardozzi.

Alan Weinstein, Miami Beach, Fla., for Gorwitz.

Before CLARK, GEE and FAY, Circuit Judges.


CHARLES CLARK, Circuit Judge:

Defendants were indicted for conspiracy to violate various federal statutes. During the course of the trial, one of the defendants invoked Federal Rule of Evidence 615 which requires the exclusion of witnesses from the courtroom.1 The second exception to Rule 615 provides that a witness may remain in the courtroom if he is "an officer or employee of a party which...

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