In Re Grand Jury Proceedings. Sam Rabin, Witness-Appellee v. United States of America, Movant-Appellant

904 F.2d 1498, 1990 U.S. App. LEXIS 9982, 1990 WL 83997

Opinion

BY THE COURT:

On April 30, 1990, the grand jury for the Southern District of Florida issued a new subpoena identical to the subpoena that gave rise to this case. Appellee has fully complied with the new subpoena.

Appellee now moves to dismiss this appeal as moot, and appellant joins in the motion. The panel opinion, published at 896 F.2d 1267, has already been vacated by our order of May 16,1990, granting rehearing en banc. The panel opinion will remain vacated, the judgment of the district court, 717 F.Supp. 1502, is vacated, and the case is remanded to the district court with instructions that the case be dismissed. See United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).