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500 F.2d 434

Docket Nos. 74-1230 and 74-1232.

In re LoChiatto

Second Circuit Court of Appeals

Heard July 25, 1974.

Decided July 26, 1974.

Second Circuit Court of Appeals · decided 1974-07-26

2 counsel of record

Relies on In re Lochiatto · In re Marcus · 377 F. Supp. 1164 - United Jewish Organizations of Williamsburgh, Inc. v. Wilson

Opinion by (per_curiam) · Decided 1974-07-26

¶1Henry D. Katz, Boston, Mass., for appellants.

¶2Joel M. Friedman, Sp. Atty., U. S. Dept, of Justice, with whom James N. Gabriel, U. S. Atty., and Gerald E. McDowell, Sp. Atty., U. S. Dept, of Justice, were on brief for appellee.

¶3Before McENTEE and CAMPBELL, Circuit Judges, and CAFFREY,* District Judge.

¶5PER CURIAM.

¶6In this appeal appellants’ principal contention is that they were entitled to additional discovery, beyond that authorized in In re LoChiatto, 497 F.2d 803, (1st Cir. 1974), because a portion of a *435government affidavit indicates alleged failure to minimize use of wiretaps by the government. This contention is frivolous. The brief conversation about dinner relied upon by appellants, which came in the midst of other intercepted conversations relating to apparent criminal activities, in no meaningful way suggests a failure to minimize. The remaining issues raised by appellants are also without merit.

¶7We reject appellants’ suggestion that the Supreme Court’s recent action reversing and remanding In re Marcus, 491 F.2d 901 (1st Cir. 1974), signifies and diminishment of LoChiatto as a controlling precedent in this circuit.

¶8Affirmed.

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