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BANK OF NOVA SCOTIA v. UNITED STATES

No. 87-578.

487 U.S. 250 (1988)

108 S.Ct. 2369

101 L.Ed.2d 228

BANK OF NOVA SCOTIA v. UNITED STATES

Supreme Court of United States.

Decided June 22, 1988

Attorney(s) appearing for the Case

James E. Nesland argued the cause for petitioners in both cases. With him on the briefs for petitioner in No. 87-578 were William B. Pennell, Henry Harfield, Robert G. Morvillo, and Robert J. Anello. William A. Cohan filed briefs for petitioners in No. 87-602.

Deputy Solicitor General Bryson argued the cause for the United States in both cases. With him on the brief were Solicitor General Fried, Assistant Attorney General Rose, Robert H. Klonoff, Gary R. Allen, Robert E. Lindsay, and Alan Hechtkopf.†

JUSTICE KENNEDY delivered the opinion of the Court.

The issue presented is whether a district court may invoke its supervisory power to dismiss an indictment for prosecutorial misconduct in a grand jury investigation, where the misconduct does not prejudice the defendants.

I

In 1982, after a 20-month investigation conducted before two successive grand juries, eight defendants, including petitioners William A. Kilpatrick, Declan J. O'Donnell, Sheila...

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