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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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