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IN RE GRAND JURY PROCEEDINGS UNITED STATES

Nos. 79-1562, 79-1584.

626 F.2d 1051 (1980)

In re GRAND JURY PROCEEDINGS UNITED STATES of America, Appellant. In re Grand Jury Proceedings Hector G. In re GRAND JURY PROCEEDINGS Hector G. Rodriguez MARTINEZ, Appellant.

United States Court of Appeals, First Circuit.

Decided May 23, 1980.

Attorney(s) appearing for the Case

Jose E. Fernandez Sein, Rio Piedras, P. R., with whom Harvey B. Nachman, Sonturce, P. R., was on brief, for Hector G. Rodriguez Martinez.

William G. Otis, Atty., U. S. Dept. of Justice, Washington, D. C., with whom Jose A. Quiles, U. S. Atty., Old San Juan, P. R., and Pedro J. Durand, Sp. Atty., Miami Strike Force, were on brief, for United States.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, WYZANSKI, Senior District Judge.

COFFIN, Chief Judge.

In deciding these appeals, we must resolve an important question about the scope of Fifth Amendment protection available to an independent professional practitioner when the grand jury attempts to subpoena his personal business records. The government appeals from an order of the district court quashing a subpoena duces tecum ordering a physician to turn over his appointment logs to the grand jury. The physician appeals from a subsequent district...

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