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IN RE MOTION TO UNSEAL ELECTRONIC SURVEILLANCE EVIDENCE

No. 91-2385.

990 F.2d 1015 (1993)

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 April 6, 1993.

Attorney(s) appearing for the Case

Robert S. Adler (argued), St. Louis, MO, for appellant.

Gerald P. Greiman, (argued), Clayton, MO (Martin M. Green and Joe D. Jacobson, on brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HEANEY, Senior Circuit Judge, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges, en banc.

HEANEY, Senior Circuit Judge.

Howard J. Smith filed a motion to unseal electronic surveillance evidence for use in a state court action against Donn H. Lipton. Finding no authority for such disclosure in Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520 (1988) ("Title III"), the district court denied Smith's motion. We affirm.

I

Smith brought an action against Lipton and others in the Circuit Court...

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