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UNITED STATES v. EISENBERG

Nos. 83-8013, 83-8041.

711 F.2d 959 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Lance E. EISENBERG and T. Lamar Chester, Defendants-Appellees. In re GRAND JURY PROCEEDINGS.

United States Court of Appeals, Eleventh Circuit.

As Corrected July 26, 1983.

Attorney(s) appearing for the Case

William P. Gaffney, Asst. U.S. Atty., Atlanta, Ga., James J. Graham, Atty., Fraud Section, John F. DePue, Joel M. Gershowitz, Vincent Banbale, Appellate Section, Crim.Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Martin Baach, Washington, D.C., for Eisenberg.

Jeffrey B. Bogart, Atlanta, Ga., for Chester.

Earl J. Silbert, Washington, D.C., Mark J. Kadish, Atlanta, Ga., for defendants-appellees.

Before RONEY and CLARK, Circuit Judges, and GIBSON, Senior Circuit Judge.

CLARK, Circuit Judge:

This case presents the question of what relief is appropriate in response to a prima facie showing that matters occurring before a grand jury were disclosed by a government representative in violation of Fed.R.Crim.P. 6(e).1 This rule explicitly prohibits such disclosures, except in specified, limited circumstances, in order to protect the secrecy which is critical to the...

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