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IN RE GRAND JURY PROCEEDINGS

No. 85-1313.

777 F.2d 508 (1985)

In re GRAND JURY PROCEEDINGS (84-5). Jane EMO, Petitioner-Witness, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 29, 1985.

Attorney(s) appearing for the Case

R. Christopher Locke, Asst. U.S. Atty., San Francisco, Cal., for respondent-appellee.

Michael Mendelson, Terence Hallinan, Mary Hughes, San Francisco, Cal., for petitioner-witness.

Before FLETCHER, FERGUSON, and BEEZER, Circuit Judges.

PER CURIAM:

Jane Emo appeals the district court's order holding her in civil contempt for refusing to testify before the grand jury about any matters pertaining to her husband, Jeffrey Schmitz. She asserts a marital testimonial privilege, which entitles a witness not to testify against a spouse in grand jury proceedings. See In re Grand Jury Investigation (Hipes v. United States), 603 F.2d 786 (9th Cir.1979).

I.

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