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UNITED STATES v. LAZARUS

No. 23290.

425 F.2d 638 (1970)

UNITED STATES of America, Appellee, v. Ruby LAZARUS, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 18, 1970.

Attorney(s) appearing for the Case

E. David Rosen (argued), Miami, Fla., Thomas F. Call, Los Angeles, Cal., for appellant.

Gerald F. Uelmen (argued), Asst. U. S. Atty., David R. Nissen, Asst. U. S. Atty., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.

JAMES M. CARTER, Circuit Judge:

Lazarus appeals from his conviction upon three out of seven counts of perjury under 18 U.S.C. § 1621, based on his testimony before a grand jury. He raises four questions: Did the district court err, (1) in denying his motion for a mistrial based upon a Government witness' testimony linking Lazarus to the Mafia, (2) in admitting portions of transcript of the hearings before the grand jury in which Lazarus had asserted his privilege...

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