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UNITED STATES v. PANTONE

Nos. 79-2840, 79-2841.

634 F.2d 716 (1980)

UNITED STATES of America v. Albert C. PANTONE, Appellant. UNITED STATES of America v. John KUMER, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 5, 1980.

Attorney(s) appearing for the Case

Robert J. Cindrich, U. S. Atty., Sandra D. Jordan (argued), Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Donald D. Rossetti (argued), Pittsburgh, Pa., for appellant in No. 79-2840.

Thomas A. Livingston (argued), Livingston, Miller, O'Malley & Clark, Pittsburgh, Pa., for appellant in No. 79-2841.

Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The principal issue presented on this appeal is whether a prosecutor's knowledge of immunized grand jury testimony, obtained after a first trial conviction but prior to a remand and a second trial, tainted the second trial in violation of Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972).

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