United States v. Midland Asphalt Corporation and Albert C. Litteer

PIERCE, Circuit Judge:

In December, 1987, respondents Midland Asphalt Corporation (“Midland”) and Albert C. Litteer, the defendants in an ongoing criminal antitrust prosecution in the United States District Court for the Western District of New York, filed a notice of appeal from two orders of the district court, John T. Curtin, Ch. J., denying their motions to dismiss the indictment for alleged abuses of the grand jury process. In response, the United States filed a motion in this court to dismiss the appeal, or, in the alternative, for summary affirmance. Following oral argument, we entered…