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IN RE GRAND JURY 95-1

No. 96-1543.

118 F.3d 1433 (1997)

In re GRAND JURY 95-1.

United States Court of Appeals, Tenth Circuit.

July 8, 1997.

Attorney(s) appearing for the Case

Kenneth R. Scott, Assistant United States Attorney (Henry L. Solano, United States Attorney, William Lucero, Chief Appellate Division, and Linda Kato, Special Assistant United States Attorney, with him on the brief), Denver, CO, for appellant.

Lee D. Foreman, of Haddon, Morgan & Foreman, P.C., Denver, CO, for appellee.

Before BRISCOE, LOGAN, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

A grand jury was convened to investigate possible criminal violations in connection with mining operations conducted by Company X and its subsidiaries in southwestern Colorado. While the grand jury proceedings were ongoing, the government filed a civil action against John Doe, a former officer of Company X, under the Comprehensive Environmental Response, Compensation, and Liability Act. Doe filed a motion in the civil action seeking disqualification...

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