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IN RE DISCLOSURE OF EVIDENCE TAKEN BEFORE SPECIAL GRAND JURY CONVENED ON MAY 8, 1978

No. 80-7685 Summary Calendar.

650 F.2d 599 (1981)

In re Petition for DISCLOSURE OF EVIDENCE TAKEN BEFORE the SPECIAL GRAND JURY CONVENED ON MAY 8, 1978, Petitioner.

United States Court of Appeals, Fifth Circuit. Unit B

As Amended November 30, 1981.

Attorney(s) appearing for the Case

James H. Evans, Dist. Atty., Fifteenth Judicial Circuit of Alabama, Montgomery, Ala., for petitioner.

William J. Baxley, Birmingham, Ala., for Juanita W. McDaniel.

L. Drew Redden and F. Timothy McAbee, Birmingham, Ala., for Walter F. Johnsey.

Phillip Wittmann, New Orleans, La., for Joe Fine.

L. Murray Alley, Birmingham, Ala., for Garry Drummond, Larry Drummond and Drummond Coal Co.

Before RONEY, FRANK M. JOHNSON, Jr. and HENDERSON, Circuit Judges.

PER CURIAM:

The District Attorney for the Fifteenth Judicial Circuit of Alabama, James H. Evans, appeals from the district court's denial of his motion to compel disclosure of grand jury testimony pursuant to Fed.R.Crim.P. 6(e)(3)(C)(i) (1975). Specifically, Evans seeks certain grand jury testimony and evidence received by a special federal grand jury convened to investigate alleged criminal misconduct in Alabama's coal industry. If released, the evidence will be...

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