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UNITED STATES v. LAVENDER

No. 222, Docket 78-1155.

583 F.2d 630 (1978)

UNITED STATES of America, Appellee, v. Herb L. LAVENDER, Appellant.

United States Court of Appeals, Second Circuit.

Decided September 26, 1978.

Attorney(s) appearing for the Case

Carol C. White, Asst. U. S. Atty., Buffalo, N. Y. (Richard J. Arcara, U. S. Atty., Buffalo, N. Y., W. D. N. Y. and Theodore J. Burns, Asst. U. S. Atty., Buffalo, N. Y., on brief), for appellee.

Paul J. Cambria, Jr., Buffalo, N. Y. (Herald Price Fahringer, Bruce A. Goldstein, Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., on brief), for appellant.

Before KAUFMAN, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

Lavender appeals from an order of the District Court for the Western District of New York denying his motion to quash a grand jury subpoena requiring the production of Lavender's passport. We dismiss since we find that the order of the district court is not a "final decision" and thus is not within our jurisdiction under 28 U.S.C. § 1291.

On March 14, 1978, while attempting to enter this country from Canada at the Peace Bridge...

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