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APPLICATION OF THE HERALD CO.

No. 726, Docket 83-7985.

734 F.2d 93 (1984)

In re Application of THE HERALD COMPANY, Applicant-Appellant. UNITED STATES of America, Plaintiff, v. Michael KLEPFER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 24, 1984.

Attorney(s) appearing for the Case

S. Paul Battaglia, Syracuse, N.Y. (Edward Ryan Conan, Bond, Schoeneck & King, Syracuse, N.Y., on the brief), for applicant-appellant.

Sal Cognetti, Jr., Scranton, Pa. (Bour, Gallagher, Foley & Cognetti, Scranton, Pa., on the brief), for defendant-appellee.

James C. Goodale, John G. Koeltl, Gary W. Kubek, Debevoise & Plimpton, Katherine P. Darrow, George Freeman, Michael B. Mukasey, Patterson, Belknap, Webb & Tyler, New York City, Alice Neil Lucan, Rochester, N.Y., submitted a brief for amici curiae The N.Y. Times Co., N.Y. News, Inc., and Gannett Co., Inc.

Before NEWMAN and WINTER, Circuit Judges, and MacMAHON, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal requires consideration of the substantive standard to be applied and the procedure to be followed in adjudicating a defendant's request to exclude the public from a pretrial hearing — in this case a hearing on a motion to suppress evidence. The Herald Company, publisher of the Syracuse Post Standard, appeals from the October 13 and November 9, 1983, orders of the District Court for the Northern District of New...

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