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UNITED STATES v. ROSENTHAL

No. 84-8728.

763 F.2d 1291 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Joseph ROSENTHAL, et al., Defendants, Pacific and Southern Company, Inc. d/b/a WXIA-TV, Movant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 21, 1985.

Attorney(s) appearing for the Case

Frank Love, Jr., V. Robert Denham, Jr., Atlanta, Ga., for movant-appellant.

Steven R. Wisebram, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Thomas B. Gary, Court Appointed, Atlanta, Ga., for special amicus curiae.

Before FAY and ANDERSON, Circuit Judges, and GIBSON, Senior Circuit Judge.

R. LANIER ANDERSON, III, Circuit Judge:

This case involves the public availability of material intercepted by wiretap pursuant to Title III of the Federal Omnibus Crime Control & Safe Streets Act of 1968, as amended, 18 U.S.C.A. § 2510, et seq. ("Title III"). The district court held that appellant Pacific and Southern Company, Inc. ("WXIA-TV") could not under any circumstances have access to wiretap information acquired legally under Title III and...

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