UNITED STATES v. HUBBARD

Nos. 79-2312, 79-2313 and 79-2324.

650 F.2d 293 (1980)

UNITED STATES of America v. Mary Sue HUBBARD et al., Appellants. UNITED STATES of America v. Mary Sue HUBBARD et al. Church of Scientology of California, Appellant. CHURCH OF SCIENTOLOGY OF CALIFORNIA, Appellant, v. UNITED STATES of America et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1980.

Supplemental Opinion February 9, 1981.


Attorney(s) appearing for the Case

Earl C. Dudley, Jr., Washington, D. C., with whom Michael Nussbaum, Washington, D. C., was on brief, for appellants Hermann and Raymond.

Leonard B. Boudin, New York City, was on brief, for appellant Hubbard.

Philip J. Hirschkop, Alexandria, Va., was on brief, for appellants Heldt and Snider.

Roger Zuckerman, Washington, D. C., was on brief, for appellants Weigand and Willardson.

John Kenneth Zwerling, Alexandria, Va., was on brief, for appellant Wolfe.

Leonard J. Koenick, Washington, D. C., was on brief, for appellant Thomas.

Leonard B. Boudin, New York City, for appellant Church of Scientology of California.

Steven C. Tabackman, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Carl S. Rauh, Principal Asst. U. S. Atty., John A. Terry, John R. Fisher, Keith A. O'Donnell, Michael W. Farrell, Raymond Banoun, Judith Hetherton and Timothy J. Reardon, III, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

George K. Rahdert, St. Petersburg, Fla., and James L. Yacavone, III, Clearwater, Fla., were on brief, for amici curiae Clearwater Newspapers, Inc. and Times Publishing Co.

Also, Ronald G. Precup, Washington, D. C., entered an appearance, for appellants Hermann and Raymond.

Leonard S. Rubenstein and Geraldine R. Gennet, Alexandria, Va., entered appearances, for appellants Heldt and Snider.

Roger Spaeder and Lawrence A. Katz, Washington, D. C., entered appearances, for appellants Weigand and Willardson.

Richard McMillin, Washington, D. C., entered an appearance, for appellant Thomas.

Before ROBINSON, MacKINNON and WALD, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge MacKINNON.

WALD, Circuit Judge:

We confront the issue here of whether and on what grounds a district court judge may make available to the public papers seized from a third party nondefendant, subsequently introduced under seal only in a pretrial suppression hearing and only for the purpose of showing that the search and seizure were unlawful. As far as we...

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