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IN RE GRAND JURY SUBPOENA DATED APRIL 19, 1991

Nos. 331, 332, Dockets 91-5047, 91-5049.

945 F.2d 1221 (1991)

In re GRAND JURY SUBPOENA DUCES TECUM DATED APRIL 19, 1991. UNITED STATES of America, Appellee, v. John DOE, Esq., Appellant, Continental Holdings, Inc., and Continental Airlines, Inc., Intervenors-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 30, 1991.

Attorney(s) appearing for the Case

James vanR. Springer, Washington, D.C. (Dickstein, Shapiro & Morin, David I. Shapiro, R. Bruce Holcomb, of counsel), for appellant.

Lawrence S. Bader, New York City (Morvillo, Abramowitz, Grand, Iason & Silberberg, Paul R. Grand, Jeffrey Plotkin, of counsel), for intervenors-appellants.

Jeffrey Toobin, Brooklyn, N.Y., Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Matthew E. Fishbein, Asst. U.S. Atty., of counsel), for appellee.

Before FEINBERG and CARDAMONE, Circuit Judges.

FEINBERG, Circuit Judge:

This case concerns a conflict between a bankruptcy court's protective order and a later-issued federal grand jury subpoena. The order was obtained in 1989 by David I. Shapiro,1 the court-appointed examiner in the Eastern Air Lines, Inc. (Eastern) bankruptcy proceeding. Intervenors Continental Holdings, Inc. (formerly Texas Air Corporation) and Continental Airlines, Inc., appeal from an order of the United States...

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