APPLICATION OF UNITED STATES OF AMERICA, ETC.

Nos. 78-2574, 78-2550 and 79-1127.

610 F.2d 1148 (1979)

In the Matter of the Application of the UNITED STATES OF AMERICA FOR an ORDER AUTHORIZING the INSTALLATION OF a PEN REGISTER OR TOUCH-TONE DECODER AND a TERMINATING TRAP. Appeal of BELL TELEPHONE COMPANY OF PENNSYLVANIA. In the Matter of the Application of the UNITED STATES OF AMERICA FOR an ORDER AUTHORIZING the INSTALLATION OF a PEN REGISTER OR a TOUCH-TONE DECODER AND TERMINATION TRAP FACILITIES. Appeal of BELL TELEPHONE COMPANY OF PENNSYLVANIA. In the Matter of the Application of the UNITED STATES FOR AN ORDER AUTHORIZING A TELEPHONE TRACER. Appeal of NEW JERSEY BELL TELEPHONE COMPANY.

United States Court of Appeals, Third Circuit.

Decided November 29, 1979.


Attorney(s) appearing for the Case

Donald L. Very (argued), Richard B. Tucker, III, Tucker, Arensberg, Very & Ferguson, Pittsburgh, Pa., William M. Hebrank, Philadelphia, Pa., for Pennsylvania Bell Telephone Co.

Bernard M. Hartnett, Jr., Thomas E. Walsh, Jr. (argued), Newark, N. J., for New Jersey Bell Telephone Co.

Robert J. Cindrich, U. S. Atty., J. Alan Johnson (argued), First Asst. U. S. Atty., James J. West, Asst. U. S. Atty., Pittsburgh, Pa., Robert J. Del Tufo, U. S. Atty., Daniel L. Rabinowitz (argued), Asst. U. S. Atty., Newark, N. J., for United States.

Before SEITZ, Chief Judge, and GIBBONS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

SEITZ, Chief Judge.

These appeals raise the issue of a district court's authority to order a telephone company to assist law enforcement agents in the tracing of telephone calls. The Supreme Court has ruled that a district court may require telephone company assistance in the case of a pen register. United States v. New York Telephone Co., 434 U.S. 159, 98 S.Ct. 364, 54 L.Ed.2d 376 (1977). A trace...

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