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APPEAL OF MALFITANO

No. 80-1627.

633 F.2d 276 (1980)

In the Matter of Grand Jury Empanelled October 18, 1979. Appeal of Witness (MALFITANO).

United States Court of Appeals, Third Circuit.

Decided June 26, 1980.

Attorney(s) appearing for the Case

J. Barry Cocoziello (argued), Podvey & Sachs, Newark, N.J., for appellant.

Robert J. Del Tufo, U. S. Atty., Samuel A. Alito, Jr., Asst. U. S. Atty. (argued), Newark, N.J., for appellee.

Before SEITZ, Chief Judge, and GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Ruth Malfitano appeals from an order of the district court holding her in contempt for refusing to answer questions before a federal grand jury based on a claim of the privilege against adverse spousal testimony.

I.

A grand jury was empanelled in October of 1979 to investigate an alleged attempt by appellant's husband, Samuel Malfitano, and others to secure a loan from the Teamsters Union Pension...

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