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IN RE APRIL 1977 GRAND JURY SUBPOENAS

No. 77-1599.

584 F.2d 1366 (1978)

In re APRIL 1977 GRAND JURY SUBPOENAS. GENERAL MOTORS CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1978.

Attorney(s) appearing for the Case

George J. Moscarino, Hugh Calkins, Robert C. Kahrl, Paul M. Pohl, Jones, Day, Reavis & Pogue, Cleveland, Ohio, Julius L. Russu, Otis M. Smith, General Motors Corp., Detroit, Mich., for appellant.

James K. Robinson, U. S. Atty., Detroit, Mich., Willard C. McBride, M. Carr Ferguson, Asst. Atty. Gen., Ernest J. Brown, Robert E. Lindsay, Charles E. Brookhart, James A. Bruton, Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before PHILLIPS, Chief Judge, WEICK, EDWARDS, CELEBREZZE, LIVELY, ENGEL and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.

MERRITT, Circuit Judge.

General Motors appeals under the Interlocutory Appeals Act of 1958, 28 U.S.C. § 1292(b) (1970), from an interlocutory order of the District Court refusing to disqualify a government lawyer from participation in grand jury proceedings. We hold that the original certification of this appeal under § 1292(b) by a panel of this Court was improvidently granted, and we therefore dismiss the appeal.

I. STATEMENT OF THE CASE

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