IN RE GRAND JURY SUBPOENAS

Nos. 05-2274, 05-2275.

454 F.3d 511 (2006)

In re: GRAND JURY SUBPOENAS 04-124-03 and 04-124-05.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2006.


Attorney(s) appearing for the Case

ARGUED: David M. Zinn, Williams & Connolly, Washington, D.C., Kevin D. Finger, Greenberg & Traurig, Chicago, Illinois, for Appellants. Stephen L. Hiyama, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: David M. Zinn, Craig D. Singer, Williams & Connolly, Washington, D.C., Kevin D. Finger, Greenberg & Traurig, Chicago, Illinois, Deborah L. Fish, Allard & Fish, Detroit, Michigan, for Appellants. Stephen L. Hiyama, Ross MacKenzie, Assistant United States Attorneys, Detroit, Michigan, for Appellee.

Before: BOGGS, Chief Judge; SUTTON, Circuit Judge; and SCHWARZER, District Judge.


OPINION

BOGGS, Chief Judge.

These two cases, filed under seal, present a legal question regarding the conduct of reviews of documents for privilege.1 Specifically, we must determine who has the right to conduct a review for privilege of documents subject to a grand jury subpoena directed to a third party who possesses the documents but has not yet produced them to the government: the targets of the investigation whose rights...

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