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U.S. v. GAF CORP.

No. 1375, Docket 89-1013.

884 F.2d 670 (1989)

UNITED STATES of America, Appellee, v. GAF CORPORATION, GAF Chemicals Corporation, Jay & Company, Inc., and James T. Sherwin, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 30, 1989.

Attorney(s) appearing for the Case

Laurence H. Tribe, Cambridge, Mass. (Kenneth J. Chesebro, Brian Stuart Koukoutchos, Gene B. Sperling, Cambridge, Mass., Arthur L. Liman, Max Gitter, David E. Nachman, and John N. Gevertz, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for defendants-appellants.

Kevin R. Czinger, Asst. U.S. Atty., S.D.N.Y., New York City (Carl H. Loewenson, Jr., Kerri Martin Bartlett, Asst. U.S. Attys., S.D.N.Y., New York City, of counsel), for appellee.

Before WINTER and MAHONEY, Circuit Judges, and RE, Judge.

WINTER, Circuit Judge:

The issue in this appeal arose when the government failed to advise the defense of the existence of an expert's report concerning key documents, as required by Fed.R.Crim.P. 16. The defense moved for a mistrial, a motion that the district court granted after negotiations between counsel failed to produce a mutually agreeable alternative. When the district court scheduled a retrial to begin the following day, the defense moved to dismiss the...

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