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IN RE GRAND JURY SUBPOENA

No. 93-1538.

21 F.3d 226 (1994)

In re GRAND JURY SUBPOENA, doing business as Supreme Auto Sales, Robert T. Spano. UNITED STATES of America, Appellant, v. Robert T. SPANO, Appellee. Parkside Motors.

United States Court of Appeals, Eighth Circuit.

Decided April 6, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Douglas Letter, DOJ, Washington, DC.

Counsel who presented argument on behalf of the appellee was John M. Thompson of Springfield, MA. Philip H. Lauro of Springfield, MA appeared on the brief.

Before McMILLIAN, BOWMAN and MAGILL, Circuit Judges.

McMILLIAN, Circuit Judge.

The government appeals from a final order entered in the United States District Court for the District of Minnesota quashing a grand jury subpoena duces tecum directed to a sole proprietor, requesting records required to be maintained under federal and state law. For reversal, the government argues that the district court erred in failing to apply the required records exception to the Fifth Amendment privilege against compelled testimonial...

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