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IN RE GRAND JURY SUBPOENA

No. 18-1464.

909 F.3d 26 (2018)

IN RE: GRAND JURY SUBPOENA.

United States Court of Appeals, First Circuit.

November 21, 2018.

Attorney(s) appearing for the Case

Neil F.X. Kelly , Assistant Attorney General for the State of Rhode Island, with whom Peter F. Kilmartin , Attorney General of the State of Rhode Island, and Sean Lyness , Special Assistant Attorney General for the State of Rhode Island, were on brief, for petitioner.

Donald C. Lockhart , with whom Stephen G. Dambruch , United States Attorney, Providence, RI, was on brief, for respondent.

Before Howard, Chief Judge, Kayatta and Barron, Circuit Judges.

The Rhode Island Department of Labor and Training ("Department") petitions us for a writ of advisory mandamus to answer the following question: May a state government successfully invoke the attorney-client privilege in response to a federal grand jury subpoena? The petition comes in response to a holding by a federal district...

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