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UNITED STATES v. MILLER

No. 79-2445.

624 F.2d 1198 (1980)

UNITED STATES of America v. MILLER, William G., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 26, 1980.

Attorney(s) appearing for the Case

Herbert L. Zuckerman (argued), Zuckerman, Aronson, & Horn, Newark, N. J., for appellant.

Robert J. Del Tufo, U. S. Atty., Samuel A. Alito, Jr., Asst. U. S. Atty. (argued), Newark, N. J., for the U. S.

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

OPINION OF THE COURT

SEITZ, Chief Judge.

The defendant in this criminal prosecution for violations of the Internal Revenue Code appeals from a pretrial order disqualifying the law firm that had been representing him. The district court disqualified the firm because one of its partners had been an assistant United States attorney, with general responsibilities for tax matters, while the case was under investigation...

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