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IN RE SUBPOENA OF PERSICO

No. 880, Docket 75-2030.

522 F.2d 41 (1975)

In re Grand Jury Subpoena of Alphonse PERSICO, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 19, 1975.

Attorney(s) appearing for the Case

Nancy Rosner, New York City, for appellant.

David G. Trager, U. S. Atty., E. D. N. Y., by William I. Aronwald and Robert Del Grosso, Special Attys., U. S. Dept. of Justice (Sidney M. Glazer and Victor D. L. Stone, Departmental Attys., U. S. Dept. of Justice, of counsel), for appellee.

Before SMITH and TIMBERS, Circuit Judges, and WEINSTEIN, District Judge.

WEINSTEIN, District Judge:

The record of full hearings and arguments and of a series of affidavits and other documents fully supports the trial judge's determinations that appellant contemptuously refused to answer questions before a grand jury and that no questions to him were based on unlawful electronic surveillance. His claim, though unfounded, that the government attorney who questioned him before the grand jury lacked...

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