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UNITED STATES v. McCRANE

No. 77-2169.

575 F.2d 58 (1978)

UNITED STATES of America v. Joseph M. McCRANE, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Decided April 17, 1978.

Attorney(s) appearing for the Case

Thomas A. Bergstrom, Philadelphia, Pa., for appellant.

Robert J. Del Tufo, U. S. Atty., Ralph A. Jacobs, Asst. U. S. Atty., Newark, N. J., for appellee.

Before ADAMS and HIGGINBOTHAM, Circuit Judges, and BECHTLE, District Judge.

OPINION OF THE COURT

BECHTLE, District Judge.

In this appeal from the District Court's denial of his Fed.R.Crim.P. 33 motion for a new trial on grounds of newly discovered evidence,1 we must determine whether defendant Joseph M. McCrane, Jr. ("McCrane"), was deprived of a fair trial when the Government failed to disclose evidence which allegedly would have impeached the Government's key witness and supported McCrane's theory...

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