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MIDLAND ASPHALT CORP. v. UNITED STATES

No. 87-1905.

489 U.S. 794 (1989)

109 S.Ct. 1494

103 L.Ed.2d 879

MIDLAND ASPHALT CORP. ET AL. v. UNITED STATES

Supreme Court of United States.

Decided March 28, 1989

Attorney(s) appearing for the Case

Richard J. Braun argued the cause for petitioners. With him on the brief was Leslie M. Greenbaum.

Lawrence S. Robbins argued the cause for the United States. With him on the brief were Solicitor General Fried, Assistant Attorney General Rule, Deputy Solicitor General Bryson, Deputy Assistant Attorney General Starling, John J. Powers III, and Laura Heiser.

JUSTICE SCALIA delivered the opinion of the Court.

Federal Rule of Criminal Procedure 6(e)(2) prohibits public disclosure by Government attorneys of "matters occurring before the grand jury" except in certain specified circumstances. This case presents the question whether a district court order denying a criminal defendant's motion to dismiss an indictment for an alleged violation of Rule 6(e) is immediately appealable.

I

On January 23, 1987, a...

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