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UNITED STATES v. SIMMONS

No. 78-1504.

591 F.2d 206 (1979)

UNITED STATES of America v. Barry SIMMONS, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 5, 1979.

Attorney(s) appearing for the Case

Stanford Shmukler, Philadelphia, Pa., for appellant; James C. Schwartzman, Peter Rosalsky, Philadelphia, Pa., of counsel.

Peter F. Vaira, U.S. Atty., Alan M. Lieberman, Theodore A. McKee, Asst. U.S. Attys., Philadelphia, Pa., for appellee.

Before ALDISERT, ADAMS and HUNTER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) December 11, 1978.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal presents inter alia the question whether a grand jury investigation is pending for purposes of the obstruction of justice statute, 18 U.S.C. § 1503, when a subpoena to produce records and to testify before a regularly sitting grand jury has been issued upon application of an Assistant United States Attorney but when at the...

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