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IN RE NEW YORK TIMES CO. TO UNSEAL WIRETAP & SEARCH WARRANT MATERIALS

Docket Nos. 09-0854-cv (L), 09-1164 (CON).

577 F.3d 401 (2009)

In the Matter of the Application of the NEW YORK TIMES COMPANY TO UNSEAL WIRETAP & SEARCH WARRANT MATERIALS.

United States Court of Appeals, Second Circuit.

Decided: August 6, 2009.

Amended: August 20, 2009.

Attorney(s) appearing for the Case

Daniel L. Stein, Assistant United States Attorney (Lev L. Dassin, Acting United States Attorney, and Jesse M. Furman, Assistant United States Attorney, on the brief), Southern District of New York, New York, NY, for Appellant United States of America.

David E. McCraw (Itai Maytal, on the brief), The New York Times Company, Legal Department, New York, NY, for Appellee the New York Times Company.

Marc Falcone (Michele Hirshman and James L. Brochin, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Movant and Amicus Curiae Elliot Spitzer.

Before: WINTER, CABRANES, and HALL Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

The United States appeals from a final order of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) granting an application by The New York Times Company (the "Times") to gain access to sealed wiretap applications relating to the investigation of the "Emperor's Club," a prostitution ring once patronized by the former Governor of New York, Elliot Spitzer. This appeal raises two questions...

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