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IN RE GRAND JURY SUBPOENA

No. 98-4841.

175 F.3d 332 (1999)

In re GRAND JURY SUBPOENA Under Seal; Under Seal 2, Petitioners-Appellees, v. United States of America, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1999.

Attorney(s) appearing for the Case

ARGUED: David S. Kris, United States Department of Justice, Washington, D.C., for Appellant. Thomas Louis Patten, LATHAM & WATKINS, Washington, D.C.; E. Fitzgerald Parnell, III, Poyner & Spruill, L.L.P., Charlotte, North Carolina, for Appellees. ON BRIEF: Faith S. Hochberg, United States Attorney, Mark R. Winston, Assistant United States Attorney, Mark T. Calloway, United States Attorney, Frank D. Whitney, Assistant United States Attorney, Brian L. Whisler, Assistant United States Attorney, United States Department of Justice, Washington, D.C., for Appellant. Jennifer C. Archie, Latham & Watkins, Washington, D.C., for Appellees.

Before ERVIN, HAMILTON, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge LITTIG wrote the opinion, in which Judge ERVIN and Judge HAMILTON joined.

LUTTIG, Circuit Judge:

The United States appeals a decision by the federal district court to quash a subpoena in an ongoing criminal investigation on the ground that the sole purpose of the subpoena was to obtain discovery for a parallel civil qui tam proceeding. Because the district court's findings as to the purpose of the subpoena were not...

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