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IN RE PROCEEDINGS BEFORE FED. GRAND JURY

No. 79-4276.

643 F.2d 641 (1981)

In re PROCEEDINGS BEFORE the FEDERAL GRAND JURY FOR the DISTRICT OF NEVADA. UNITED STATES of America, Plaintiff-Appellee, v. Joseph CONFORTE and Sally Conforte, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 23, 1981.

Attorney(s) appearing for the Case

Stanley H. Brown, Reno, Nev., on brief; Harvey D. Tack, Hochman, Salkin & DeRoy, Beverly Hills, Cal., argued, for defendants-appellants.

Gilbert E. Andrews, Dept. of Justice, Washington, D.C., on brief; William A. Whitledge, Atty., Dept. of Justice, Washington, D.C., argued, for plaintiff-appellee.

Before WALLACE and POOLE, Circuit Judges, and SMITH, District Judge.

POOLE, Circuit Judge:

Joseph and Sally Conforte appeal an order of the United States District Court for the District of Nevada permitting disclosure to the Internal Revenue Service of evidence produced before a federal grand jury during its investigation of them.

On April 5, 1977, a federal grand jury returned a ten-count indictment against the Confortes. The indictment charged that they had attempted to evade payment of federal withholding taxes by misrepresenting...

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