OPINION OF THE COURT
BECKER, Circuit Judge.
This is an appeal by the government, pursuant to 18 U.S.C. § 3731, from an order denying its motion to compel the federal grand jury testimony of a Lutheran clergyman concerning subjects discussed during a family counseling session. The district court held that a clergy-communicant privilege, existing under federal common law, barred the testimony. The grand jury was investigating whether racially motivated...
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