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IN RE HARKINS

No. 80-1614.

624 F.2d 1160 (1980)

In re Grand Jury Investigation John HARKINS. Appeal of John HARKINS.

United States Court of Appeals, Third Circuit.

Decided May 30, 1980.

As Amended June 17, 1980.

Rehearing Denied July 21, 1980.

Attorney(s) appearing for the Case

Gary B. Zimmerman (argued), Irving M. Green (argued), New Kensington, Pa., for appellant.

Robert J. Cindrich, U. S. Atty., Paul J. Brysh (argued), Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before ADAMS, VAN DUSEN and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

In Gelbard v. United States, 408 U.S. 41, 92 S.Ct. 2357, 33 L.Ed.2d 179 (1972), the Supreme Court held that a grand jury witness had "just cause" to refuse to answer a question if the question was based on information obtained from an electronic wiretap already determined to be illegal. In this case we must examine an issue expressly left open in Gelbard...

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