IN RE GRAND JURY SUBPOENA

No. 00-1622.

223 F.3d 213 (2000)

In re GRAND JURY SUBPOENA.

United States Court of Appeals, Third Circuit.

Filed August 4, 2000.


Attorney(s) appearing for the Case

William J. Winning, (Argued), Scott Magargee, Cozen & O'Connor, Philadelphia, PA; Arthur T. Donato, Jr., Carmen P. Belefonte, Ferrara, Belefonte, McFadden & Ferrara, Media, PA, Attorneys for Appellant.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, Catherine L. Votaw, Gregory A. Paw, (Argued), Michael A. Schwartz, Assistant United States Attorneys, Office of United States Attorney, Philadelphia, PA, Attorneys for Appellee.

Before SLOVITER, NYGAARD and FUENTES, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this appeal, we are faced with an issue of first impression for this court, whether the target of a grand jury investigation whose attorney has been subpoenaed to give testimony and provide documents to the grand jury that would ordinarily be protected by attorney-client privilege is entitled to review the government's ex parte affidavit upon which the District Court relied in deciding that the crime...

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