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UNITED STATES v. SMITH

No. 84-5240.

750 F.2d 1215 (1984)

UNITED STATES of America, Appellant, v. Richard Craig SMITH, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1984.

Attorney(s) appearing for the Case

Samuel Rosenthal, Crim. Div., U.S. Dept. of Justice, Washington, D.C. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Roberta Elkins, Dept. of Justice, Washington, D.C., Joseph J. Aronica, Asst. U.S. Atty., Alexandria, Va., on brief), for appellant.

William B. Cummings, Alexandria, Va. (David T. Williams; William B. Cummings, P.C., Alexandria, Va., A. Brent Carruth, Carruth & Goodwin, Van Nuys, Cal., on brief), for appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Richard Craig Smith awaits trial on charges of violating the Espionage Act, 18 U.S.C. §§ 793(d), 794(a) & (c). Because he gave notice that he expects to disclose classified information, the district court conducted a hearing prescribed by section 6(a) of the Classified Information Procedures Act, 18 U.S.C. app. 3. Invoking the Act's interlocutory review provision, section 7, the government appeals the district court's ruling...

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