MATTER OF GRAND JURY EMPANELLED

No. 78-2543.

597 F.2d 851 (1979)

In the Matter of GRAND JURY EMPANELLED February 14, 1978. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided April 27, 1979.


Attorney(s) appearing for the Case

Robert J. Del Tufo, U. S. Atty., James A. Plaisted (argued), Asst. U. S. Atty., Newark, N. J., for appellant.

Raymond R. Connell (argued), Dwyer, Connell & Lisbona, Montclair, N. J., for appellee.

Before ROSENN, GARTH and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge:

The issue on this appeal is whether the owner of a business may assert a Fifth Amendment privilege when a subpoena duces tecum requiring the production of business records is served on both the owner himself and on his employee who prepared and maintained those records. The government served subpoenas duces tecum on Dominick Colucci, the owner of Colucci Excavating and Trucking, and on Marion DeMato...

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