A federal appeals court said it can’t get involved in deciding whether an email presented to a grand jury that indicted two businesspeople and a lawyer on fraud and racketeering charges in March violated attorney-client privileges.

In a split 2-1 ruling Oct. 28, former U.S. Court of Appeals for the Third Circuit Chief Judge Theodore McKee wrote that his court had no jurisdiction to handle the dispute since the federal grand jury is still investigating the matter and additional indictments could be coming.

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