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UNITED STATES v. WILLIAMS

No. 77-5103.

571 F.2d 344 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Glen WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 22, 1978.

Rehearing and Rehearing Denied March 31, 1978.

Attorney(s) appearing for the Case

Renee S. Siegan, John W. Tapp, Detroit, Mich., for defendant-appellant.

James K. Robinson, U. S. Atty., William J. Richards, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before EDWARDS, LIVELY and ENGEL, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 31, 1978.

LIVELY, Circuit Judge.

This case involves Rule 803(5) of the Federal Rules of Evidence, which provides as follows:

The following are not excluded by the hearsay rule, even though the declarant is available as a witness: * * * * * * (5) Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient...

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