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IN RE GRAND JURY (IMPOUNDED)

No. 97-7347.

138 F.3d 978 (1998)

In re GRAND JURY (IMPOUNDED).

United States Court of Appeals, Third Circuit.

Decided March 13, 1998.

Attorney(s) appearing for the Case

Charles M. Oberly, III (argued), Oberly, Jennings & Drexler, Wilmington, DE, for Appellant.

Gregory M. Sleet, United States Attorney, Colm F. Connolly (argued), Assistant United States Attorney, Wilmington, DE, for Appellee.

BEFORE: GREENBERG, NYGAARD, and MCKEE, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. JURISDICTION

Thomas J. Capano appeals from an order entered in the district court on June 27, 1997, holding that he waived the attorney work product privilege with respect to certain documents he created which the United States seized from a third party pursuant to a subpoena.1 The district court had jurisdiction under 18 U.S.C. § 3231, and we have jurisdiction...

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