IN RE DOE

No. 1579, Docket 83-6111.

711 F.2d 1187 (1983)

In re Dr. John DOE, M.D., A Witness Before the January 1982 Additional Grand Jury. Dr. John DOE, M.D., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 29, 1983.


Attorney(s) appearing for the Case

David F. Axelrod, New York City (Peter L. Zimroth, Kostelanetz & Ritholz, New York City, of counsel), for appellant.

Philip Le B. Douglas, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Roanne L. Mann, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before FRIENDLY, KEARSE and CARDAMONE, Circuit Judges.


CARDAMONE, Circuit Judge:

We are called upon to decide whether a grand jury has the power to subpoena a physician's W-2 forms, prescription forms and patient files despite his claims that the Fifth Amendment and doctor-patient privilege shield these records from production. A grand jury sitting in the Southern District of New York is investigating what it believes to be a sham medical clinic that served as a front for the illegal sale of tens of thousands of "quaaludes...

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