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IN RE: GRAND JURY

No. 01-4042.

286 F.3d 153 (2002)

In re: GRAND JURY.

United States Court of Appeals, Third Circuit.

Opinion Filed April 5, 2002.

Attorney(s) appearing for the Case

Michael B. Himmel [ARGUED], Robert J. Kipnees, Greenbaum, Rowe, Smith, Ravin, Davis & Himmel LLP, Woodbridge, NJ, Counsel for Appellant John Doe.

Alain Leibman [ARGUED], Christopher J. Christie, George S. Leone, United States Attorney's Office, Newark, NJ, Counsel for Appellee United States of America.

Before: ROTH and FUENTES, Circuit Judges, and KATZ, District Judge.

OPINION OF THE COURT

FUENTES, Circuit Judge.

This case requires us to resolve the conflict that arises when a grand jury subpoena seeks production of evidence ostensibly shielded by a civil protective order. Appellant is a target of a grand jury investigation in the District of New Jersey. The Government seeks to obtain, by way of a grand jury subpoena, testimony, documents, and other discovery material given pursuant...

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