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IN RE GRAND JURY PROCEEDINGS § 5 EMPANELLED

No. 04-2168.

401 F.3d 247 (2005)

In Re: GRAND JURY PROCEEDINGS # 5 Empanelled January 28, 2004 United States of America, Plaintiff-Appellee, v. Under Seal, Defendant, and Under Seal, Intervenors-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: March 11, 2005.

Attorney(s) appearing for the Case

ARGUED: Herald Price Fahringer, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, New York, New York, for Appellants. Winston David Holliday, Jr., Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

ON BRIEF: John Dennis Delgado, Columbia, South Carolina; Erica T. Dubno, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, New York, New York, for Appellants. J. Strom Thurmond, Jr., United States Attorney, Columbia, South Carolina, for Appellee.

Before MOTZ and GREGORY, Circuit Judges, and Richard L. WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Senior Judge WILLIAMS joined.

OPINION

GREGORY, Circuit Judge:

This case concerns an appeal from an order by the district court denying a motion to quash a grand jury subpoena. The subpoena seeks documents and testimony from an attorney involving his representation of two individuals and their corporation. The individuals intervened and moved to quash...

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