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WXYZ, INC. v. HAND

Civ. No. 77-72195.

463 F.Supp. 1070 (1979)

WXYZ, INC., and Michigan Association of Broadcasters, Plaintiffs, v. Michael J. HAND, District Judge, 47th Judicial Circuit Court of the State of Michigan, Defendant.

United States District Court, E. D. Michigan, S. D.

January 5, 1979.

Attorney(s) appearing for the Case

John B. Kemp, Raymond L. Morrow, Kemp, Klein, Endelman & Ralls, P. C., Southfield, Mich., for plaintiffs.

John B. Kiefer, Kiefer, Allen & Cavanagh, Detroit, Mich., for defendant.

MEMORANDUM OPINION

CHURCHILL, District Judge.

On September 2, 1977, an individual was arrested on a charge of second degree criminal sexual conduct under M.C.L.A. § 750.520c. The accused's retained defense counsel applied for a suppression order pursuant to M.C.L.A. § 750.520k. This statute provides:

"Upon the request of the counsel or the victim or actor in a prosecution under sections 520b to 520g the magistrate before whom any person...

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