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UNITED STATES v. BIRDMAN

Nos. 78-1940, 78-1979 and 78-1980.

602 F.2d 547 (1979)

UNITED STATES of America v. Harvey BIRDMAN, Appellant. UNITED STATES of America v. William RICHMAN, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 25, 1979.

Attorney(s) appearing for the Case

Donald J. Goldberg (argued), Joanna K. Weinberg, Philadelphia, Pa., for appellant Birdman.

Robert Scandone (argued), Philadelphia, Pa., for appellant Richman.

John T. Bannon, Jr. (argued), Jerome M. Feit, T. George Gilinsky, Attys., Dept. of Justice, Washington, D. C., Peter F. Vaira, U. S. Atty., Philadelphia, Pa., and Ronald G. Cole, Philadelphia Strike Force, Philadelphia, Pa., for appellee.

Before ROSENN, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

These appeals concern three different varieties of allegedly unethical behavior by attorneys for the United States Government.

Appellant Harvey Birdman raises two questions relating to federal grand jury proceedings: (1) does a Government attorney's alleged violation during such proceedings of the ABA Code of Professional Responsibility's rules against an advocate's testimony constitute an offense warranting...

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