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U.S. v. ANTAR

Nos. 93-5732, 93-5733 and 94-5006.

38 F.3d 1348 (1994)

UNITED STATES of America v. Eddie ANTAR, Mitchell Antar, Allen Antar, Eddie Gindi, Newark Morning Ledger Co., publisher of The Star-Ledger, Appellant in 93-5732, Associated Press, Appellant in 93-5733, New Jersey Press Association, Appellant in 94-5006.

United States Court of Appeals, Third Circuit.

Decided October 25, 1994.

Attorney(s) appearing for the Case

Michael Chertoff (argued), U.S. Atty., Jayne K. Blumberg, Marc N. Garber, Eric L. Muller, Edna B. Axelrod, Asst. U.S. Attys., Newark, NJ, for appellee.

Gerald Krovatin, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, for Allen Antar.

Donald A. Robinson (argued), Steven L. Lapidus, Keith J. Miller, Robinson, St. John & Wayne, Newark, NJ, for Newark Morning Ledger Co.

Thomas J. Cafferty (argued), Arlene M. Turinchak, McGimpsey & Cafferty, Somerset, NJ, for New Jersey Press Ass'n.

Richard N. Winfield, David A. Schulz (argued), Thomas J. Lilly, Rogers & Wells, New York City, Richard P. O'Leary, McCarter & English, Newark, NJ, for The Associated Press.

Before: HUTCHINSON, ROTH and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

We are confronted in this case with a tension between two issues of critical constitutional concern: the need to protect the confidentiality of jurors' deliberations while, at the same time, guaranteeing the right of the press and the public to have access to court proceedings. We conclude that under the circumstances presented here, the district court improperly sealed the transcript of the jury voir dire and then...

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