UNITED STATES v. OLIVA

No. 79-1379.

611 F.2d 23 (1979)

UNITED STATES of America, Appellant, v. OLIVA, Robert R.

United States Court of Appeals, Third Circuit.

Decided October 15, 1979.

As Amended October 23, 1979.


Attorney(s) appearing for the Case

Robert J. Cindrich, U. S. Atty., Alexander H. Lindsay, Jr., Asst. U. S. Atty., Frederick W. Thieman, Asst. U. S. Atty. (argued), Pittsburgh, Pa., for appellant.

James K. O'Malley (argued), Livingston, Miller, O'Malley & Clark, P. C., Pittsburgh, Pa., for appellee.

Before SEITZ, Chief Judge, and GIBBONS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge.

The United States appeals pursuant to 18 U.S.C. § 3731 (1976) from an order granting the motion of defendant Robert R. Oliva to suppress his grand jury testimony. That testimony is the subject of an indictment for giving false testimony while under oath before the grand jury, and the order suppressing it for all practical purposes disposes of the charge. We reverse.

A subpoena was served on Mr. Oliva...

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