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OSTRER v. ARONWALD

No. 375, Docket 77-6118.

567 F.2d 551 (1977)

Louis C. OSTRER, Rita Ostrer, Jack Ostrer and Dina Gelman, Appellants, v. William H. ARONWALD, Robert B. Fiske, Jr., Alan Naftalis, Marvin Sontag, James Killeen, Edward H. Levi, and United States of America, Appellees.

United States Court of Appeals, Second Circuit.

Decided December 27, 1977.

Attorney(s) appearing for the Case

Alan Dershowitz, Cambridge, Mass. (Harvey A. Silverglate, Ann Lambert Greenblatt, and Silverglate, Shapiro & Gertner, Boston, Mass., on the brief), for appellants.

Gary G. Cooper, Asst. U. S. Atty., Southern District of New York, New York City (Robert B. Fiske, Jr., U. S. Atty., Patrick H. Barth, Asst. U. S. Atty., Southern District of New York, New York City, on the brief), for appellees.

Before KAUFMAN, C. J., and ANDERSON and TIMBERS, Circuit Judges.

PER CURIAM:

This is an appeal from an order granting appellees' motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Rule 12(b)(6), F.R. Civ.P. The individual appellees are or were members of a team of Government attorneys and investigators which is conducting a grand jury investigation of possible violations of the tax laws by Louis Ostrer and members of his family, appellants in this case. The gravamen of appellants' complaint...

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