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IN RE SEALED CASE

No. 96-3124.

116 F.3d 550 (1997)

In re SEALED CASE.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Theodore S. Greenberg, Deputy Independent Counsel, Alexandria, VA, and Charles M. Kagay, Chief Appellate Counsel, San Francisco, CA, argued the cause for appellant, with whom Donald C. Smaltz, Independent Counsel, Los Angeles, CA, was on the briefs.

W. Neil Eggleston, Washington, DC, argued the cause for appellee, with whom Mark I. Levy and Demitri J. Nionakis, Washington, DC, were on the brief.

Before: WALD, GINSBURG and ROGERS, Circuit Judges.

WALD, Circuit Judge:

This case involves an effort by the Office of the Independent Counsel ("OIC") to compel performance of a subpoena duces tecum issued by the grand jury investigating former Secretary of Agriculture Alphonso Michael (Mike) Espy ("Espy") and served on the Counsel to the President ("White House Counsel"). The White House provided several folders of documents to the OIC in response to the subpoena but withheld 84 documents as privileged. After...

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