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IN RE GRAND JURY SUBPOENA

No. 80-5377.

646 F.2d 963 (1981)

In re GRAND JURY SUBPOENA. UNITED STATES of America, Appellant, v. Stephen KENT, d/b/a Kent Oil and Gas Company, Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

June 1, 1981.

Attorney(s) appearing for the Case

Frank W. Trapp, Sp. Asst. U. S. Atty., Tampa, Fla., William C. Bryson, Chief, Appellate Section, Criminal Division, U. S. Dept. of Justice. Washington, D. C., for appellant.

Albert J. Krieger, Miami, Fla., for appellee.

Before MARKEY, Chief Judge, and HILL and THOMAS A. CLARK, Circuit Judges.

MARKEY, Chief Judge:

The government appeals from an order of the District Court for the Middle District of Florida barring enforcement of grand jury subpoenas. We affirm.

Background

On November 27, 1979, a federal grand jury sitting in the Middle District of Florida issued two identical subpoenas duces tecum in connection with an investigation of the Kent Oil and Trading Company (Kent Oil). One subpoena was directed to the Custodian...

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