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STATE OF ILLINOIS v. SARBAUGH

No. 76-1690.

552 F.2d 768 (1977)

STATE OF ILLINOIS, Petitioner-Appellant, v. John E. SARBAUGH, Chief, Midwest Office, Antitrust Division of the United States Department of Justice, Respondent-Appellee, J. L. SIMMONS COMPANY, INC., et al., Intervenors-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 8, 1977.

Attorney(s) appearing for the Case

Thomas Genovese and Thomas J. DeMay, Asst. Attys. Gen., Chicago, Ill., for petitioner-appellant.

Henry A. Schwarz, U. S. Atty., East St. Louis, Ill., Carl D. Lawson, Dept. of Justice, Washington, D. C., Richard A. Makarski, Mark P. Cohen, Chicago, Ill., James T. Mohan, Springfield, Ill., Thomas B. Meyer, Danville, Ill., Joseph R. Spitz, Mattoon, Ill., J. W. Fribley, Pana, Ill., Ronald W. Periard, Taylorville, Ill., Stanley B. Block, Chicago, Ill., for intervenors-appellees.

Before CUMMINGS and TONE, Circuit Judges, and GRANT, Senior District Judge.

TONE, Circuit Judge.

This is an appeal from an order of the District Court for the Eastern District of Illinois refusing to permit inspection and copying of grand jury transcripts. Inspection is sought by the State of Illinois, plaintiff in a private treble-damage antitrust action pending in the Southern District of Illinois, for use in connection with that action. Among the defendants in that action are nine corporations indicted by the Eastern District grand jury...

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