In Re Bob R. Lynde, Cheri L. Lynde, & Lzp, Inc., in Re Margaret Rienks and the Estate of George Rienks, Jr., Oscar R. Lee, & James Michael Zachary

BRORBY, Circuit Judge.

This is an appeal taken from the district court’s January 29, 1990 order dismissing the petition for release of grand jury testimony of George W. Rienks, Jr., now deceased. Bob R. Lynde, Cheri L. Lynde, and LZP Inc. (“petitioners”) base their appeal on the following grounds: (1) the trial court abused its discretion by not finding that petitioners had established the requisite particularized need warranting disclosure of the grand jury transcripts; (2) it was error for the trial court to presuppose the testimony would be inadmissible at a later state court trial; and (3)…