Kenneth Herbert Hanna and Nathan Modell v. United States

RIVES, Circuit Judge:

On original hearing,1 Judge Rives wrote what was intended to become the opinion of the Court. Judge Godbold concurred specially, and Judge Hughes dissented. On further consideration, it appears that Judge Rives’ original opinion is in error both as to the facts and as to the law.

The factual errors are contained in footnotes 2 and 15. The inference was mistakenly drawn “that prior to the issuance of the subpoena duces tecum, the existence and some inkling of the contents of the communications were disclosed to the government by telephone company employees.” 2 It now…