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UNITED STATES v. FISHMAN

Nos. 83-2056, 83-2134.

726 F.2d 125 (1983)

UNITED STATES of America, Appellee, v. Jacob R. FISHMAN, M.D., Appellant. In the Matter of Grand Jury Empanelled January 18, 1982.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1983.

Rehearing Denied January 30, 1984.

Attorney(s) appearing for the Case

Gerald A. Feffer, James A. Bruton, III, J. William Koegel, Jr., Washington, D.C., Thomas P. McNamara, Raleigh, N.C., on brief, for appellant.

Robert Showers, Asst. U.S. Atty., on brief, for appellee.

Before WINTER, Chief Judge, and MURNAGHAN and ERVIN, Circuit Judges.

MURNAGHAN, Circuit Judge:

A grand jury empanelled January 18, 1982 in the Eastern District of North Carolina, Raleigh Division issued in connection with an investigation beginning in November, 1982, a subpoena to Jacob R. Fishman, M.D. The subpoena afforded two methods for compliance with it. Either Dr. Fishman was to bring, when he appeared before the Grand Jury certain records pertaining to his individual medical practice as a sole proprietor,1...

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