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IN RE GRAND JURY SUBPOENA DUCES TECUM

No. 1497, Docket 93-1070.

1 F.3d 87 (1993)

In re GRAND JURY SUBPOENA DUCES TECUM DATED OCTOBER 29, 1992. UNITED STATES of America, Appellant, v. John DOE, Appellee.

United States Court of Appeals, Second Circuit.

Decided July 21, 1993.

Attorney(s) appearing for the Case

Scott A. Edelman, Asst. U.S. Atty., New York City (Roger S. Hayes, U.S. Atty., S.D.N.Y., John W. Auchincloss II, Asst. U.S. Atty., of counsel), for appellant.

Jed S. Rakoff, New York City (Fried, Frank, Harris, Shriver & Jacobson, John Sullivan, of counsel), for appellee.

John H. Doyle, III, New York City filed a brief on behalf of New York Council of Defense Lawyers as amicus curiae.

Before: LUMBARD, CARDAMONE, and ALTIMARI, Circuit Judges.

LUMBARD, Circuit Judge:

The government appeals from an order entered on January 7, 1993 in the Southern District of New York, Pollack, J., denying its motion to compel John Doe to comply with a grand jury subpoena duces tecum dated October 29, 1992. The subpoena commanded Doe to produce "[t]he original version of any diary or calendar for the year 1988, a copy of which has been produced to the SEC." On appeal, the government argues that the court erred in denying...

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