Rehearing and Rehearing En Banc Denied March 22, 1977.
MEHRTENS, District Judge:
The government appeals from an order suppressing grand jury testimony given by defendant Frederick C. Prior (#74-3457); the defendant Prior appeals from a jury conviction on five counts of perjury under 18 U.S.C. § 1623 (#74-4097) and also appeals from the District Court's denial of a motion for new trial (#75-3207). The three appeals were consolidated.
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