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MATTER OF GRAND JURY EMPANELED JANUARY 21, 1975

No. 76-1175.

536 F.2d 1009 (1976)

In the Matter of the GRAND JURY EMPANELED JANUARY 21, 1975. Appeal of Joseph CURRAN et al.

United States Court of Appeals, Third Circuit.

Decided June 18, 1976.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U.S. Atty., Maryanne T. Desmond, Asst. U.S. Atty., Newark, N.J., for appellee.

Evans, Koelzer, Marriott & Osborne, Rumson, N.J., for appellants; George J. Koelzer and Joel N. Kreizman, Rumson, N.J., of counsel.

Before ALDISERT, FORMAN and WEIS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are asked to decide whether a district court may disqualify an attorney from representing more than one of nine witnesses before a grand jury where each of the witnesses has invoked Fifth Amendment protections. The district court concluded that the joint representation frustrated "the continuation and completion" of the grand jury investigation. Accordingly, the court ordered that each of the witnesses retain...

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