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U.S. v. EDUCATIONAL DEVELOPMENT NETWORK CORP.

Nos. 89-1239, 89-1240.

884 F.2d 737 (1989)

UNITED STATES of America, Appellee, v. EDUCATIONAL DEVELOPMENT NETWORK CORPORATION, Appellant at No. 89-1239. UNITED STATES of America, Appellee, v. Gerald KRESS, Appellant at No. 89-1240.

United States Court of Appeals, Third Circuit.

Decided September 7, 1989.

Rehearing and Rehearing Denied October 17, 1989.

Attorney(s) appearing for the Case

Gregory T. Magarity (argued) Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellants.

Lee J. Dobkin (argued), Asst. U.S. Atty., U.S. Attys. Office, Philadelphia, Pa., for appellee.

Before GIBBONS, Chief Judge, HUTCHINSON, Circuit Judge, and WOLIN, District Judge.

Rehearing and Rehearing In Banc Denied October 17, 1989.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

The issue in this case is whether the criminal division of the United States Attorney's Office's (USAO's) use of subpoenas that the Department of Defense Inspector General issued after the USAO's criminal division filed a Federal Rule of Criminal Procedure 6(e) Notice of Disclosure violated the appellants' Fifth Amendment rights to...

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