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IN RE GRAND JURY PROCEEDINGS (MALONE)

No. 80-2188.

655 F.2d 882 (1981)

In re GRAND JURY PROCEEDINGS (Robert G. MALONE, Appellant). Paul E. Horvath, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1981.

Attorney(s) appearing for the Case

William W. Essling, argued, St. Paul, Minn., for appellant.

Douglas W. Thomson Law Firm, Douglas W. Thomson and Robert D. Goodell, argued, St. Paul, Minn., for intervenor.

Daniel Schermer, Asst. U. S. Atty., argued, Thomas K. Berg, U. S. Atty., Sheryl Ramstad Hvass, Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before HENLEY and ARNOLD, Circuit Judges, and FILIPPINE, District Judge.

ARNOLD, Circuit Judge.

This is an appeal from an order of the District Court denying Robert G. Malone's motion to quash a subpoena duces tecum and to return all documents deposited with the court pursuant to the subpoena. After Malone filed his notice of appeal, Paul E. Horvath, Jr., Malone's client and the owner of the subpoenaed papers, moved to intervene in the appeal. The government then moved to dismiss the appeal for lack of a final appealable order. This Court...

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