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IN RE GRAND JURY PROCEEDINGS, HARRISBURG, PENNSYLVANIA

No. 71-1088.

450 F.2d 199 (1971)

In re GRAND JURY PROCEEDINGS, HARRISBURG, PENNSYLVANIA. In the Matter of Joques EGAN, Appellant.

United States Court of Appeals, Third Circuit.

Reargued April 5, 1971.

Decided May 28, 1971.

As Amended June 16, 1971.

Dissenting Opinion November 11, 1971.

Certiorari Granted December 14, 1971.

Attorney(s) appearing for the Case

William T. Coleman, Jr., Dilworth, Paxson, Kalish, Levy & Coleman, Jack Levine, Philadelphia, Pa., for appellant.

Robert Keuch, Special Litigation Section, Internal Security Division, U.S. Dept. of Justice, Washington, D.C., for appellee.

Before HASTIE, Chief Judge, and FORMAN, SEITZ, VAN DUSEN, ALDISERT, ADAMS, GIBBONS and ROSENN, Circuit Judges.

Reargued En Banc April 5, 1971.

Certiorari Granted December 14, 1971. See 92 S.Ct. 531.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The primary issue raised by this appeal is whether a citizen who is summoned before a grand jury may object to questions based on information obtained through allegedly illegal and indeed unconstitutional wiretapping directed against the witness. Because of the great importance of what is at stake

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