IN RE GRAND JURY SUBPOENA

No. 97-2335.

138 F.3d 442 (1998)

IN RE GRAND JURY SUBPOENA (Served Upon Stephen A. Roach, Esquire). An Anonymous Police Officer, Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided March 16, 1998.


Attorney(s) appearing for the Case

Thomas M. Hoopes, with whom Hoopes and Cronin and Dana A. Curhan, Boston, MA, were on brief, for intervenor.

Louis E. Peraertz, Attorney, U.S. Dep't of Justice, with whom Bill Lann Lee, Acting Assistant Attorney General, Dennis J. Dimsey, Attorney, U.S. Dep't of Justice, Donald K. Stern, United States Attorney, and S. Theodore Merritt, Assistant United States Attorney, Washington, DC, were on brief, for respondent.

Before SELYA, BOUDIN and LYNCH, Circuit Judges.


SELYA, Circuit Judge.

This appeal requires us to develop a mechanism for modulating the tension that can develop between a protective order in a civil case, see Fed.R.Civ.P. 26(c), and a grand jury subpoena seeking evidence that falls within the protective order's compass. The question arises here on appeal from the district court's refusal to quash a grand jury's subpoena duces tecum that demands the production of materials covered, at least in part, by a...

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