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IN RE GRAND JURY PROCEEDINGS

No. 88-5056.

904 F.2d 1498 (1990)

In re GRAND JURY PROCEEDINGS. Sam RABIN, Witness-Appellee, v. UNITED STATES of America, Movant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 21, 1990.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Mayra Reyler Lichter, Michael P. Sullivan and Linda C. Hertz, Asst. U.S. Attys., for movant-appellant.

Arthur J. Berger, Miami, Fla., for witness-appellee Sam Rabin.

Robert G. Amsel and Jeffrey S. Weiner, Weiner, Robbins, Tunkey & Ross, Miami, Fla., for amicus curiae.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, COX and BIRCH, Circuit Judges.

BY THE COURT:

On April 30, 1990, the grand jury for the Southern District of Florida issued a new subpoena identical to the subpoena that gave rise to this case. Appellee has fully complied with the new subpoena.

Appellee now moves to dismiss this appeal as moot, and appellant joins in the motion. The panel opinion, published at 896 F.2d 1267, has already been vacated by our order of May 16, 1990, granting rehearing en banc...

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