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IN RE GRAND JURY SUBPOENA: SUBPOENA DUCES TECUM

Nos. 86-5159(L), 86-5171.

829 F.2d 1291 (1987)

In re GRAND JURY SUBPOENA: SUBPOENA DUCES TECUM, Petitioner (Four Cases). UNITED STATES of America, Plaintiff-Appellee, v. JOHN DOE 819 (MODEL MAGAZINE), Defendant-Appellant (Two Cases). UNITED STATES of America, Plaintiff-Appellee, v. JOHN DOE 819 (METRO VIDEO), Defendant-Appellant (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided September 24, 1987.

Attorney(s) appearing for the Case

Herald Price Fahringer (argued), Edward Gasthalter (Ralph J. Schwarz, Jr., New York City, Gerard F. Treanor, Jr., Venable, Baetjer and Howard, McLean, Va., on brief), for defendant-appellant.

Lawrence Joseph Leiser, U.S. Atty., Alexandria, Va., on brief, for plaintiff-appellee.

Before PHILLIPS, ERVIN and WILKINSON, Circuit Judges.

ERVIN, Circuit Judge:

These cases concern the permissible breadth and requisite specificity of a subpoena duces tecum that seeks the production of materials that are presumptively protected under the first amendment to the United States Constitution. The cases arise on a motion to stay a contempt order. In their briefs and oral arguments the parties addressed the merits of the appeal from the contempt order. We therefore...

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