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IN RE GRAND JURY SUBPOENA

No. 10-4815.

646 F.3d 159 (2011)

In re GRAND JURY SUBPOENA. United States of America, Plaintiff-Appellee, Under Seal, Intervenor-Appellee, v. Under Seal, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 15, 2011.

Attorney(s) appearing for the Case

ARGUED: Stephen Blake Kinnaird, Paul Hastings Janofsky & Walker, LLP, Washington, D.C., for Appellant. Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia; Stephen Matthew Byers, Crowell & Moring, LLP, Washington, D.C., for Appellees. ON BRIEF: Dana J. Finberg, Sonnenschein Nath & Rosenthal, LLP, Palo Alto, California; Jeffrey G. Randall, Paul Hastings Janofsky & Walker, LLP, Palo Alto, California; Rhodes B. Ritenour, Christina D. Trimmer, LeClairRyan, PC, Richmond, Virginia, for Appellant. Neil H. MacBride, United States Attorney, Alexandria, Virginia, Brian R. Hood, Assistant United States Attorney, Michael S. Dry, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for the United States. Clifton S. Elgarten, Michael J. Songer, Crowell & Moring, LLP, Washington, D.C.; Brian C. Riopelle, Rodney A. Satterwhite, McGuirewoods LLP, Richmond, Virginia, for Intervenor-Appellee.

Affirmed by published opinion. Senior Judge GILMAN wrote the opinion, in which Judge NIEMEYER and Judge DAVIS joined.

OPINION

GILMAN, Senior Circuit Judge:

The under seal appellant (Company 1), a foreign company, is appealing the district court's denial of its motion to quash the government's grand-jury subpoenas served on the under seal intervenor (Company 2). The subpoenas seek documents that Company 1 delivered to Company 2 in response to discovery requests that arose during the course of civil litigation between the two companies in the United States District Court...

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