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BALTIMORE SUN CO. v. GOETZ

No. 88-3601.

886 F.2d 60 (1989)

In re The BALTIMORE SUN COMPANY, Plaintiff-Appellant, v. The Honorable Clarence E. GOETZ, UNITED STATES Magistrate, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1989.

Attorney(s) appearing for the Case

Henry Robbins Lord (Stephen H. Kaufman, Piper & Marbury, Baltimore, Md., on brief), for plaintiff-appellant.

Richard C. Kay, Law Clerk (Breckinridge L. Willcox, U.S. Atty.; Barbara Slaymaker Sale, Asst. U.S. Atty., Baltimore, Md., on brief), for defendant-appellee.

Before ERVIN, Chief Judge, and RUSSELL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

The Baltimore Sun Co., a newspaper publisher, appeals the district court's order denying its petition for a writ of mandamus ordering a magistrate to unseal a search warrant affidavit. The principal issue is whether either the first amendment or the common law confers a qualified right of access to inspect and copy affidavits supporting search warrants in the interval between execution of the warrants and indictment.

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