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U.S. v. ZETTL

No. 88-5577.

889 F.2d 51 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Bernie E. ZETTL, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1989.

Rehearing and Rehearing Denied January 16, 1990.

Attorney(s) appearing for the Case

Michael Crockett Olmstead, Theodore Stewart Greenberg (Peter B. Clark, Washington, D.C., Harriet Halper, Henry E. Hudson, U.S. Atty., U.S. Dept. of Justice, Alexandria, Va., on brief) for plaintiff-appellant.

Richard Anthony Hibey (Gordon A. Coffee, Anderson, Hibey, Nauheim & Blair, Washington, D.C., on brief) for defendant-appellee.

Before ERVIN, Chief Judge, and WIDENER and PHILLIPS, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 16, 1990.

WIDENER, Circuit Judge:

The United States appeals from a pretrial order authorizing the disclosure of classified information. 18 U.S.C.App. IV § 7(a) authorizes this interlocutory appeal. The district court held that conversion was a necessary element of a violation of 18 U.S.C. § 641 which it decided made several documents it had mentioned with particularity relevant to the defendant's case...

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