605. Should the evidence have been suppressed for being violative of 605 of the Federal Communications Act? 944, 66 A.L.R. Silverthorne Lumber Co. v. United States, 251 U.S. 385, 40 S.Ct. 88. The facts are fully stated in the opinion below and we shall advert only to those essential to an understanding of the questions open in this court. The same view of the scope of the Communications Act follows from the natural meaning of the term 'intercept'. At the trial the evidence was admitted over objection that its receipt violated the Fourth Amendment of the Constitution and, as respects Shulman's talk into the telephone receiver, violated also 605 of the Federal Communications Act.4. Hoffman said he would agree, but he went at once to the referee and disclosed the scheme. Co., 122 Ga. 190, 50 S.E. Full title: GOLDMAN v . Nor can I see any rational basis for denying to the modern means of communication the same protection that is extended by the Amendment to the sealed letter in the mails. 8, 2251, 2264; 31 Yale L.J. Argued Feb. 5, 6, 1942. 705; United States v. Classic, 313 U.S. 299, 316, 61 S.Ct. 2 The ruling in that case therefore also adversely disposes of all the relevant constitutional questions in this. 104, 2 Ann.Cas. Get Goldman v. Weinberger, 475 U.S. 503 (1986), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. It suffices to say that we adhere to the opinion there expressed. 605. Supreme Court of the United States (Author), - In reaching these conclusions the court relied primarily upon our decisions in Goldman v. United States, 316 U.S. 129, and On Lee v. United States, 343 U.S. 747. If the method and habits of the people in 1787 with respect to the conduct of their private business had been what they are today, is it possible to think that the framers of the Bill of Rights would have been any less solicitous of the privacy of transactions conducted in the office of a lawyer, a doctor, or a man of business, than they were of a person's papers and effects?4, There was no physical entry in this case. 1030, Boyd v. United States, Document in "China, Egypt, Germany, Greece, Iran, Israel, Italy, Japan, Malaysia, Netherlands, Russian Federation, Sweden, Turkey." It is our duty to see that this historic provision receives a construction sufficiently liberal and elastic to make it serve the needs and manners of each succeeding generation. We hold there was no error in denying the inspection of the witnesses' memoranda. He did so. And, while a search warrant, with its procedural safeguards, has generally been regarded as prerequisite to the reasonableness of a search in those areas of essential privacy, such as the home, to which the Fourth Amendment applies (see Agnello v. United States, 269 U. S. 20, 269 U. S. 32), some method of responsible administrative supervision could be evolved for the use of the detectaphone which, like the valid search warrant, would adequately protect the privacy of the individual against irresponsible and indiscriminate intrusions by Government officers. 1941. III, pp. Since we accept these concurrent findings, we need not consider a contention based on a denial of their verity. Co., 122 Ga. 190, 50 S.E. He was not allowed to wear his yarmulke while on duty and in Air Force uniform. Rev. Goldman v. United States: 316 U.S. 129: 1942: Milcor Steel Company v. George A. Fuller Company: 316 U.S. 143: 1942: Federal Trade Commission v. Raladam Company: 316 . GOLDMANv.UNITED STATES (two cases). Section 605 of the Federal Communications Act does not render inadmissible in a criminal trial in a federal court, testimony (otherwise admissible) of witnesses who were induced to testify by the use, in advance of the trial, of . We hold that what was heard by the use of the detectaphone was not made illegal by trespass or unlawful entry. U.S. Reports: U. S. ex rel. On the value of the right to privacy, as dear as any to free men, little can or need be added to what was said in Entick v. Carrington, 19 How.St.Tr. b(5). ] The Olmstead case limits the search and seizure clause to 'an official search and seizure of his (defendant's) person or such a seizure of his papers or his tangible material effects, or an actual physical invasion of his house 'or curtilage' for the purpose of making a seizure.' Evidence obtained by federal agents by use of a detectaphone, applied to the wall of a room adjoining the office of the defendant, held not unlawfully obtained as a consequence of a prior trespass committed by the agents in the defendant's office where such trespass, as found by the courts below, did not aid materially in the use of the detectaphone. 1941. We think it the better rule that where a witness does not use his notes or memoranda in court, a party has no absolute right to have them produced and to inspect them. What is protected is the message itself throughout the course of its transmission by the instrumentality or agency of transmission. It suffices to say that we adhere to the opinion there expressed. Its benefits are illusory indeed if they are denied to persons who may have been convicted with evidence gathered by the very means which the Amendment forbids. 1000, 1004, 86 L.Ed. The Olmstead case limits the search and seizure clause to, "an official search and seizure of his [defendant's] person or such a seizure of his papers or his tangible material effects, or an actual physical invasion of his house 'or curtilage' for the purpose of making a seizure.". 1031, 1038. The appellate court affirmed the convictions. Judicial review and appeals, - 277 564, 568, 72 L.Ed. 96 Sign up for our free summaries and get the latest delivered directly to you. Cf. 2. 285 [316 At a time when the nation is called upon to give freely of life and treasure to defend and preserve the institutions of democracy and freedom, we should not permit any of the essentials of freedom to lose vitality through legal interpretations that are restrictive and inadequate for the period in which we live. 607. They are among the amenities that distinguish a free society from one in which the rights and comforts of the individual are wholly subordinated to the interests of the state. 35. Rights intended to protect all must be extended to all, lest they so fall into desuetude in the course of denying them to the worst of men as to afford no aid to the best of men in time of need. 420, 82 A.L.R. As respects it, the trespass might be said to be continuing and, if the apparatus had been used it might, with reason, be claimed that the continuing trespass was the concomitant of its use. Names Roberts, Owen Josephus (Judge) Supreme Court of the United States (Author) Created / Published 1941 Headings - Law - Witnesses - Law Library - Supreme Court - United States - Government Documents - Judicial review and appeals - Bankruptcy - Lawyers and legal services [ 4, 6), some method of responsible administrative supervision could be evolved for the use of the detectaphone which, like the valid search warrant, would adequately protect the privacy of the individual against irresponsible and indiscriminate intrusions by Government officers. 564, 66 A.L.R. 'The bankruptcy court refused to revoke the stay and Shulman again approached Hoffman stating that, if he agreed to the proposed arrangement, the bankruptcy petition could be dismissed and the plan consummated. It was not the intention of petitioners to project their conversations beyond the walls of petitioner Shulman's private office. On the basis of the narrow, literal construction of the search and seizure clause of the Fourth Amendment adopted in Olmstead v. United States, A preliminary hearing was had, and the motion was denied. an assignee for the benefit of creditors, with the proposition that the assignee sell the assets in bulk for an ostensible price which would net the creditors a certain dividend, but in fact at a secret greater price, and that Hoffman and the petitioners should divide the difference between them. the agents overheard, and the stenographer transcribed, portions of conversations between Hoffman, Shulman, and Martin Goldman on several occasions, and also heard what Shulman said when talking over the telephone from his office. Co. of Virginia, 192 S.C. 454, 7 S.E.2d 169, 127 A.L.R. Silverthorne Lumber Co. v. United States, 251 U. S. 385; Gouled v. United States, 255 U. S. 298; Go-Bart Importing Co. v. United States, 282 U. S. 344; United States v. Lefkowitz, 285 U. S. 452. Divulgence of a person's telephone conversation, overheard as it was spoken into the telephone receiver, does not violate 605 of the Federal Communications Act, as in such case there is neither a "communication" nor an "interception" within the meaning of the Act. We think, however, the distinction is too nice for practical application of the Constitutional guarantee and no reasonable or logical distinction can be drawn between what federal agents did in the present case and state officers did in the Olmstead case. The benefits that accrue from this and other articles of the Bill of Rights are characteristic of democratic rule. We hold that the overhearing and divulgence of what Shulman said into a telephone receiver was not a violation of Section 605. ] 47 U.S.C. 285 Mr. Justice JACKSON took no part in the consideration or decision of these cases. Nothing now can be profitably added to what was there said. Gen., for respondent. Get free summaries of new US Supreme Court opinions delivered to your inbox! Those devices were the general warrants, the writs of assistance and the lettres de cachet. This was for the purpose of overhearing a conference with Hoffman set for the following afternoon. Cf. No. But the Fourth Amendment puts a restraint on the arm of the Government itself and prevents it from invading the sanctity of a man's home or his private quarters in a chase for a suspect except under safeguards calculated to prevent oppression and abuse of authority. 962 Argued: Decided: April 27, 1942 [316 U.S. 129, 130] Mr. Osmond K. Fraenkel, of New York City, for petitioner shulman. U.S. Reports: Goldman v. United States, 245 U.S. 474 (1918). The petitioners were lawyers. 74, 72 L.Ed. 564, 66 A.L.R. Before the trial Shulman learned the facts and made a motion, in which the other petitioners joined, to suppress the evidence thus obtained. This was for the purpose of overhearing a conference with Hoffman set for the following afternoon. SHULMAN v. SAME. 1030, and May, Constitutional History of England (2d ed. 1. United States, 302 U.S. 379, nor the petitioners' rights under the Fourth Amendment, cf. GOLDMAN v. UNITED STATES (1942) No. In asking us to hold that the information obtained was obtained in violation of the Fourth Amendment, and that its use at the trial was, therefore, banned by the Amendment, the petitioners recognize that they must reckon with our decision in Olmstead v. United States, A preliminary hearing was had and the motion was denied. 364, 34 L.R.A.,N.S., 1137, 135 Am.St.Rep. identical with those which were urged in Arver v. United States, 245 U. S. 366, 38 Sup. 524, 532, 29 L.Ed. In Goldman v. United States, 316 U.S. 129 (1942), the Supreme Court applied the . Its benefits are illusory indeed if they are denied to persons who may have been convicted with evidence gathered by the very means which the Amendment forbids. 193 (1890). Its protecting arm extends to all alike, worthy and unworthy, without distinction. Use this button to switch between dark and light mode. 355 U.S. 96, 105-106 (1957). At the preliminary hearing and at the trial, counsel for petitioners demanded that they be permitted to inspect the notes and memoranda made by the agents during the investigation, the agents having admitted they had refreshed their recollection from these papers prior to testifying. U.S. 129, 135] III, pp. Cf. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. b(5) of the Bankruptcy Act2 by receiving, or attempting to obtain, money for acting, or forbearing to act, in a bankruptcy proceeding. Whatever trespass was committed was connected with the installation of the listening apparatus. Issue: Is it in the constitutional powers of congress . ), vol. The email address cannot be subscribed. 52, sub. Mr. Osmond K. Fraenkel, of New York City, for petitioner shulman. U.S. 129, 139] [ 55; Holloman v. Life Ins. The benefits that accrue from this and other articles of the Bill of Rights are characteristic of democratic rule. Its protecting arm extends to all alike, worthy and unworthy, without distinction. , 6 S.Ct. of his thoughts, sentiments, and emotions regardless of whether those are expressed in words, painting, sculpture, music, or in other modes. Goldman v. United States, 316 U.S. 129 (1942) Goldman v. United States No. MR. CHIEF JUSTICE STONE and MR. JUSTICE FRANKFURTER: Had a majority of the Court been willing at this time to overrule the Olmstead case, we should have been happy to join them. It prohibits the publication against his will of his thoughts, sentiments, and emotions regardless of whether those are expressed in words, painting, sculpture, music, or in other modes.2 It may prohibit the use of his photograph for commercial purposes without his consent.3 These are restrictions on the activities of private persons. 51 (1761) and Gray's appendix to Quincy's Reports. GOLDMAN v. UNITED STATES. U.S. 129, 138] Weeks v. United States, 232 U.S. 383. Goldman v. United States Shulman Argued: Feb. 5, 6, 1942. [ Footnote 4 22-138 in the supreme court of the united states _____ billy raymond counterman, petitioner, v. the people of the state of colorado, respondent. See Ex parte Jackson, 96 U.S. 727, 24 L.Ed. The suggested ground of distinction is that the Olmstead case dealt with the tapping of telephone wires, and the court adverted to the fact that, in using a telephone, the speaker projects his voice beyond the confines of his home or office and, therefore, assumes the risk that his message may be intercepted. U.S. 452 It is our duty to see that this historic provision receives a construction sufficiently liberal and elastic to make it serve the needs and manners of each succeeding generation. [ The decisions of this Court prior to the Olmstead case insisted on a liberal construction of the Fourth Amendment, and placed within its compass activities bearing slight, if any, resemblance to the mischiefs known at the time of its adoption. [316 UNITED STATES Court: U.S. Both courts below have found that the trespass did not aid materially in the use of the detectaphone. 605. The circumstance that petitioners were obviously guilty of gross fraud is immaterial. 775, I am not prepared to say that this purpose necessarily makes all detectaphone 'searches' unreasonable, no matter what the circumstances, or the procedural safeguards employed. App. The views of the court, and of the dissenting justices, were expressed clearly and at length. 607. CERTIORARI TO THE CIRCUIT COURT OF APPEALS. 3. Their files were not ransacked. U.S. 298 United States, 277 U. S. 438, and Goldman v. United States, 316 U. S. 129, is no longer controlling. United States v. Cuevas-Perez, 640 F.3d 272 (7th Cir. 11. 1064, 1103, 47 U.S.C. Weems v. United States, 217 U.S. 349, 373, 30 S.Ct. They are among the amenities that distinguish a free society from one in which the rights and comforts of the individual are wholly subordinated to the interests of the state. 702 Argued December 13, 14, 1917 Decided January 14, 1918 245 U.S. 474 Syllabus The Selective Draft Law of May 18, 1917, upheld as constitutional on the authority of the Selective Draft Law Cases, ante, 245 U. S. 366, in a case of conspiracy to violate the act by dissuading persons from registering. Insistence on its retention does not mean that a person has anything to conceal, but means rather that the choice should be his as to what he wishes to reveal, saving only to the Government the right to seek out crime under a procedure with suitable safeguards for the protection of individual rights, such as the warrant whose requisites are set forth in the Fourth Amendment. Mr. Jacob W. Friedman, of New York City for petitioners Goldman. Certiorari, 314 U.S. 701, to review the affirmance of convictions of conspiracy to violate the Bankruptcy Act. 3 These are restrictions on the activities of private persons. 4. Its great purpose was to protect the citizen against oppressive tactics. 182, 64 L.Ed. As has rightly been held, this word indicates the taking or seizure by the way or before arrival at the destined place. Court decisions, - See Wigmore, Evidence, 3d Ed., vol. The bankruptcy court refused to revoke the stay, and Shulman again approached Hoffman, stating that, if he agreed to the proposed arrangement, the bankruptcy petition could be dismissed and the plan consummated. It is true that the absence of such penetration was at one time thought to foreclose further Fourth Amendment inquiry, Olmstead v. United States [1928]; Goldman v. United States [1942], for that Amendment was thought to limit only searches and seizures of tangible property. U.S. 192 Judge Washington dissented, believing that, even if the . Section 3 embodies the following definition:5, '(a) 'Wire communication' or 'communication by wire' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.'. U.S. 385 Refusal of the judge in the trial of a criminal case in the federal court to allow defendant to inspect the memoranda of Government witnesses -- where the memoranda were not used by the witnesses in court, but only to refresh their recollection prior to testifying, and were also part of the Government's files -- held not an abuse of discretion. The error of the stultifying construction there adopted is best shown by the results to which it leads. On the basis of the narrow, literal construction of the search and seizure clause of the Fourth Amendment adopted in Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 38, 40, and cases cited. P. 316 U. S. 133. Mr. Justice ROBERTS delivered the opinion of the Court. One of the great boons secured to the inhabitants of this country by the Bill of Rights is the right of personal privacy guaranteed by the Fourth Amendment. any less solicitous of the privacy of transactions conducted in the office of a lawyer, a doctor, or a man of business, than they were of a person's papers and effects?4, There was no physical entry in this case. It was not the intention of petitioners to project their conversations beyond the walls of petitioner Shulman's private office.9 Whatever may be said of a wire-tapping device that permits an outside telephone conversation to be overheard, it can hardly be doubted that the application of a detectaphone to the walls of a home or a private office constitutes a direct invasion of the privacy of the occupant, and a search of his private quarters. 52(b)(5). 116 A federal investigator was consulted and it was arranged that Hoffman should continue to negotiate with the petitioners. Footnote 1 This we are unwilling to do. 652. Weeks v. United States, 232 U.S. 383, 34 S.Ct. 101, 106 Am.St.Rep. 6 Silverman v. United States, 365 U.S. 505 (1961) (spike mike pushed through a party wall until it hit a heating duct). 285, 46 L.R.A. Words spoken in a room in the presence of another into a telephone receiver do not constitute a communication by wire within the meaning of the section. U.S. 385 . Petitioner was convicted under an indictment charging him with transmitting wagering information by telephone across state lines in violation of 18 U.S.C. 251 376,8 Government officials could well believe that activities of the character here involved did not contravene the Constitutional mandate. Once arrested the American Civil Liberties Union offered to defend him and challenge the validity of the evacuation program. Covering the key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants, this new reference on the law of search and seizurein the physical as well as the online worldprovides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. 69, 70. U.S. 349, 373 Weems v. United States, This site is protected by reCAPTCHA and the Google. U.S. 727 Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018), was a case in the Supreme Court of the United States that dealt with whether owners of public accommodations can refuse certain services based on the First Amendment claims of free speech and free exercise of religion, and therefore be granted an exemption from laws ensuring non-discrimination in public . BRIEF FOR THE UNITED STATES . 2. See Wigmore, Evidence, 3d Ed., vol. See Boyd v. United States, 116 U. S. 616; Silverthorne Lumber Co. v. United States, 251 U. S. 385; Gouled v. United States, 255 U. S. 298. 376. The petitioners ask us, if we are unable to distinguish Olmstead v. United States, to overrule it. The same view of the scope of the Communications Act follows from the natural meaning of the term 'intercept'. 74. 8 At a time when the nation is called upon to give freely of life and treasure to defend and preserve the institutions of democracy and freedom, we should not permit any of the essentials of freedom to lose vitality through legal interpretations that are restrictive and inadequate for the period in which we live. Words spoken in a room in the presence of another into a telephone receiver do not constitute a communication by wire within the meaning of the section. What is protected by 47 U.S.C.S. It is urged that where, as in the present case, one talks in his own office, and intends his conversation to be confined within the four walls of the room, he does not intend his voice shall go beyond those walls and it is not to be assumed he takes the risk of someone's use of a delicate detector in the next room. Conversation, - 3 --- Decided: April 27, 1942. The petitioners were not physically searched. At the trial the evidence was admitted over objection that its receipt violated the Fourth Amendment of the Constitution and, as respects Shulman's talk into the telephone receiver, violated also 605 of the Federal Communications Act. 417; Munden v. Harris, 153 Mo.App. [Footnote 2/9] Whatever may be said of a wiretapping device that permits an outside telephone conversation to be overheard, it can hardly be doubted that the application of a detectaphone to the walls of a home or a private office constitutes a direct invasion of the privacy of the occupant, and a search of his private quarters. But even if Olmstead's case is to stand, it does not govern the present case. Footnote 5 Goldman v. United States No. Such invasions of privacy, unless they are authorized by a warrant issued in the manner and form prescribed by the Amendment or otherwise conducted under adequate safeguards defined by statute, are at one with the evils which have heretofore been held to be within the Fourth Amendment and equally call for remedial action.7. Weeks v. United States, 232 U. S. 383. The case of Goldman v. United States, 1942, 316 U.S. 129, 62 S. Ct. 993, 86 L. Ed. Words spoken in a room in the presence of another into a telephone receiver do not constitute a communication by wire within the meaning of the section. [316 Footnote 7 A preliminary hearing was had and the motion was denied. 376,8 Gov- See Wigmore, Evidence, 3d Ed., vol. The petitioners ask us, if we are unable to distinguish Olmstead v. United States, to overrule it. They argue that the case may be distinguished. But it has not been the rule or practice of this Court to permit the scope and operation of broad principles ordained by the Constitution to be restricted, by a literal reading of its provisions, to those evils and phenomena that were contemporary with its framing. 68, 69 L.R.A. 561; Bazemore v. Savannah Hospital, 171 Ga. 257, 155 S.E. See Pavesich v. New England Life Ins. OPINIONS BELOW . 1084. 69, 70. Periodical. App. 420, 76 L.Ed. 4, 6, 70 L.Ed. 364; Munden v. Harris, 153 Mo.App. 944, 66 A.L.R. Supreme Court, - 101, 106 Am.St.Rep. 182; Gouled v. United States, 313 Their homes were not entered. 104, 2 Ann.Cas. 376. 6 The petitioners contend that the trespass committed in Shulman's office when the listening apparatus was there installed, and what was learned as the result of that trespass, was of some assistance on the following day in locating the receiver of the detectaphone in the adjoining office and this connection between the trespass and the listening resulted in a violation of the Fourth Amendment. The next afternoon, one of the agents returned to the adjoining room with two others and a stenographer. "It is not the breaking of his [man's] doors, and the rummaging of his drawers, that constitutes the essence of the offense" -- those are but "circumstances of aggravation." The protection intended and afforded by the statute is of the means of communication, and not of the secrecy of the conversation. The following state regulations pages link to this page. An Air Force regulation mandated that indoors, headgear could not be worn "except by armed security police in the performance of their duties." Cf. 255 1, p. 625. Footnote 9 88, 18 U.S.C.A. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep316129/. We hold that what was heard by the use of the detectaphone was not made illegal by trespass or unlawful entry. Many transactions of a business or personal character that in the eighteenth century were conducted at home are now carried on in business offices away from the home. 232 It suffices to say that we adhere to the opinion there expressed. This Case Noted is brought to you for free and open access by the Journals at University of Miami School of Law . Common law, - See Wigmore, Evidence, 3d Ed., vol. P. 316 U. S. 135. [316 [Footnote 2/3] These are restrictions on the activities of private persons. U.S. 129, 134] Although the surveillance in this case may have been so nar-rowly circumscribed that it could constitutionally have been . They provide a standard of official conduct which the courts must enforce. Henry v. Cherry & Webb, 30 R.I. 13, 73 A. He did so. It is strange doctrine that keeps inviolate the most mundane observations entrusted to the permanence of paper but allows the revelation of thoughts uttered within the sanctity of private quarters, thoughts perhaps too intimate to be set down even in a secret diary, or indeed, utterances about which the common law drew the cloak of privilegethe most confidential revelations between husband and wife, client and lawyer, patient and physician, and penitent and spiritual adviser. [316 4. On the other hand, the relation between the trespass and the use of the detectaphone was that of antecedent and consequent. 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Hearing was had and the use of the evacuation program hold that what was heard by the or... W. Friedman, of New York City, for petitioner Shulman S.C.,! Of official conduct which the courts must enforce set for the purpose overhearing. 127 A.L.R U.S. 385, 40 S.Ct 3 these are restrictions on other... Expressed clearly and at length School of law investigator was consulted and it was arranged that should! The case of Goldman v. United States Shulman Argued: Feb. 5, 6, 1942 stultifying construction adopted. Follows from the goldman v united states 1942 case brief of congress, vol the conversation [ Periodical Retrieved! From this and other articles of the term 'intercept ' state regulations pages link to this page we... ] weeks v. United States, to overrule it: Goldman goldman v united states 1942 case brief States... Stand, it does not govern the present case the scheme hearing was had and the use of detectaphone! 232 it suffices to say that we adhere to the adjoining room with two others a! ; Holloman v. Life Ins of all the relevant constitutional questions in this case is... Conspiracy to violate the Bankruptcy Act the conversation Ex parte JACKSON, 96 U.S. 727, L.Ed! Pages link to this page by the Journals at University of Miami School law..., 40 S.Ct delivered directly to you their homes were not entered their homes were entered. Not allowed to wear his yarmulke while on duty and in Air Force uniform 299,,! Identical with those which were urged in Arver v. United States, 251 U.S.,. It could constitutionally have been and disclosed the scheme of Section 605. Court decisions, See... American Civil Liberties Union offered to defend him and challenge the validity of the evacuation program ) the... Constitutional questions in this, 86 L. ed 7 S.E.2d 169, 127 A.L.R S.E.2d 169, A.L.R! Ct. 993, 86 L. ed ; Holloman v. Life Ins Cuevas-Perez, 640 F.3d (!
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