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UNITED STATES v. NEMES

No. 926, Docket 76-1584.

555 F.2d 51 (1977)

UNITED STATES of America, Appellee, v. Clara NEMES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 16, 1977.

Attorney(s) appearing for the Case

Robert Polstein, New York City (Gary P. Naftalis, Harold B. Tevelowitz, Orans, Elsen & Polstein, New York City, on the brief), for defendant-appellant.

Lee S. Richards, Asst. U.S. Atty. (Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., Jeffrey E. Livingston, George Wilson, Frederick T. Davis, Asst. U. S. Attys., New York City, on the brief), for appellee.

Before GURFEIN and MESKILL, Circuit Judges, and NEWMAN, District Judge.

NEWMAN, District Judge:

This appeal involves the federal prosecution of a defendant who had previously testified under a grant of state immunity, thereby acquiring the equivalent of use immunity in relation to the federal prosecution. The principal issue is whether the Government satisfies its burden of showing that its evidence has been derived from sources independent of the immunized testimony simply by denying that federal officials have seen or used the immunized...

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