UNITED STATES v. PETITO

No. 506, Docket 81-1333.

671 F.2d 68 (1982)

UNITED STATES of America, Appellee, v. Amadio PETITO, Appellant.

United States Court of Appeals, Second Circuit.

Decided January 26, 1982.

Rehearing and Rehearing Denied March 10, 1982.


Attorney(s) appearing for the Case

Laura A. Brevetti, U. S. Atty., Organized Crime Strike Force, E. D. N. Y., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y. and Thomas P. Puccio, U. S. Dept. of Justice, Organized Crime Strike Force, E. D. N. Y., Brooklyn, N. Y., on brief), for appellee.

J. Jeffrey Weisenfeld, New York City, for appellant.

Before TIMBERS, KEARSE and CARDAMONE, Circuit Judges.


Rehearing and Rehearing In Banc Denied March 10, 1982.

CARDAMONE, Circuit Judge:

During a grand jury investigation in the Eastern District of New York into illegal payoffs to union leaders of Local 29 of the Blasters, Drillrunners and Miners Union, appellant, Amadio Petito, an officer of that union, was called as a witness and refused to testify. The district court thereupon granted him immunity.1 When appellant

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