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IN RE GRAND JURY SUBPOENA: UNDER SEAL

Nos. 04-4410, 04-4411, 04-4673.

415 F.3d 334 (2005)

In re GRAND JURY SUBPOENA: UNDER SEAL Under Seal, Petitioner-Appellant, v. United States of America, Respondent-Appellee. In re Grand Jury Subpoena: Under Seal Under Seal, Petitioner-Appellant, v. United States of America, Respondent-Appellee. In re Grand Jury Subpoena United States of America, Plaintiff-Appellee, v. Kent Wakeford, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 2005.

Attorney(s) appearing for the Case

ARGUED: Alison Courtney Barnes, Robbins, Russell, Englert, Orseck & Untereiner, L.L.P., Washington, D.C.; William H. Crispin, Crispin & Associates, P.L.L.C., Washington, D.C.; Henry Winchester Asbill, Cozen O'Connor, Washington, D.C., for Appellant. Charles Francis Connolly, Assistant United States Attorney, Office Of The United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Lauren A. Greenberg, Crispin & Associates, P.L.L.C., Washington, D.C.; Lawrence S. Robbins, Gary A. Orseck, Robbins, Russell, Englert, Orseck & Untereiner, L.L.P., Washington, D.C.; William B. Moffitt, L. Barrett Boss, Cozen O'Connor, Washington, D.C.; Paul Hugel, Charles Clayman, Clayman & Rosenberg, New York, New York, for Appellant. Paul J. McNulty, United States Attorney, Dana J. Boente, Assistant United States Attorney, Adam A. Reeves, Trial Attorney, Criminal Division, United States Department of Justice, Alexandria, Virginia, for Appellee.

Before WILKINS, Chief Judge, NIEMEYER, Circuit Judge, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILSON wrote the opinion, in which Chief Judge WILKINS and Judge NIEMEYER joined.

WILSON, District Judge.

This is an appeal by three former employees of AOL Time Warner ("AOL") from the decision of the district court denying their motions to quash a grand jury subpoena for documents related to an internal investigation by AOL. Appellants in the district court that the subpoenaed documents were protected by the attorney...

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