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IN RE GRAND JURY INVESTIGATION

Nos. 77-1916, 77-2054.

576 F.2d 1071 (1978)

In re GRAND JURY INVESTIGATION. Appeal of Carl Max JANAVITZ, Esquire and Burton Sandler, Esquire, in No. 77-1916. Appeal of UNITED STATES of America, in No. 77-2054.

United States Court of Appeals, Third Circuit.

Reargued May 11, 1978.

Decided June 2, 1978.

Attorney(s) appearing for the Case

Blair A. Griffith, U. S. Atty., Henry G. Barr, Bruce A. Antkowiak, Faye M. Gardner, Asst. U. S. Attys., Pittsburgh, Pa., for the United States.

Robert McClenahan, Janavitz & Kanfoush, Pittsburgh, Pa., for Carl M. Janavitz and Burton Sandler in Nos. 77-1916 and 77-2054.

Robert L. Potter, Pittsburgh, Pa., amicus curiae counsel.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

Reargued In Banc May 11, 1978.

Argued Feb. 23, 1978.

Reargued In Banc May 11, 1978.

OPINION OF THE COURT

PER CURIAM.

The first of these appeals (77-1916) is from a final order of the district court disqualifying attorneys Sandler and Janavitz from representing Phyllis Johns, a federal grand jury witness. The district court found a conflict of interest and determined that Phyllis Johns could not have properly waived it. The court...

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