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IN RE MOT. TO UNSEAL ELECT. SURVEILLANCE EVIDENCE

No. 91-2385.

965 F.2d 637 (1992)

In re MOTION TO UNSEAL ELECTRONIC SURVEILLANCE EVIDENCE. Howard J. SMITH, Appellant, v. Donn H. LIPTON, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 29, 1992.

Attorney(s) appearing for the Case

Robert S. Adler, St. Louis, Mo., argued, for appellant.

Joe D. Jacobson, St. Louis, Mo., argued (Martin M. Green, on the brief), for appellee.

Before ARNOLD, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

BEAM, Circuit Judge.

Appellant, Howard J. Smith, filed a motion to unseal electronic surveillance evidence. The district court denied Smith's motion. We reverse and remand.

I. BACKGROUND

The action that forms the basis of this appeal involves several real estate development deals gone awry. In that action, Howard Smith sued Donn Lipton claiming fraud, tortious interference, and violations of the Racketeer Influenced and Corrupt Organizations Act...

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