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UNITED STATES v. SCIOS

No. 75-1619.

590 F.2d 956 (1978)

UNITED STATES of America, Appellant, v. Robert J. SCIOS a/k/a Robert Schwartz.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1978.

As Amended July 27, 1978.

Attorney(s) appearing for the Case

Hamilton P. Fox, III, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Asst. U. S. Atty., and Barry W. Levine, Asst. U. S. Atty., Washington, D. C., at the time the brief was filed, were on the brief, for appellant.

Walter H. Fleischer, Washington, D. C., with whom Axel Kleiboemer, Washington, D. C., was on the brief, for appellee.

Before WRIGHT, Chief Judge, and BAZELON, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

Dissenting opinion filed by MacKINNON, Circuit Judge.

Dissenting opinion filed by ROBB, Circuit Judge.

Dissenting opinion filed by WILKEY, Circuit Judge, with whom TAMM, Circuit Judge, joins.

Argued En Banc May 26, 1977.

LEVENTHAL, Circuit Judge:

On June 28, 1974, defendant Robert J. Scios was indicted for unlawful interception of wire communications and related offenses...

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