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UNITED STATES v. UNDER SEAL

No. 83-1138.

714 F.2d 347 (1983)

UNITED STATES of America, Appellant, v. (UNDER SEAL), Appellee. In re ANTITRUST GRAND JURY INVESTIGATION.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1983.

Attorney(s) appearing for the Case

Neil R. Ellis, Dept. of Justice, Washington, D.C. (William F. Baxter, Asst. Atty. Gen., Robert B. Nicholson, Peter A. Mullin and James A. Morgulec, Dept. of Justice, Washington, D.C., on brief), for appellant.

William W. Taylor, III, Washington, D.C. (Stephen H. Glickman, Zuckerman, Spaeder, Moore, Taylor & Kolker, Washington, D.C., on brief), for appellee.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

The district court quashed a grand jury subpoena on the ground that the prosecutor improperly sought to have the witness immunized and to compel him to testify in order to coerce a plea bargain from a relative of the witness. The district court also found that enforcement of the subpoena would aid the grand jury in its investigation.

The government has appealed, and we reverse.

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