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IN RE IMPOUNDED

No. 98-6498.

178 F.3d 150 (1999)

In re IMPOUNDED.

United States Court of Appeals, Third Circuit.

Filed May 13, 1999.

Attorney(s) appearing for the Case

Jeremy D. Margolis, Edward E. McNally (Argued), Robert M. Andalman (Argued), Altheimer & Gray, Chicago, IL, for John Doe 1 and John Doe 2.

James R. Streicker, Terence H. Campbell, Cotsirilos, Stephenson, Tighe & Streicker, Ltd., Chicago, IL, for John Doe 3.

Joel I. Klein, Assistant Attorney General, A. Douglas Melamed, Deputy Assistant Attorney General, John J. Powers, III, John P. Fonte (Argued), Anthony V. Nanni, Reginald K. Tom, Matthew D. Segal, Antitrust Division, U.S. Department of Justice, Washington, DC, for Appellee.

Before: RENDELL, ALDISERT Circuit Judges, WILLIAMS, District Judge

OPINION OF THE COURT

RENDELL, Circuit Judge.

This case involves the question of when a fear of foreign prosecution implicates the Fifth Amendment privilege after the Supreme Court's decision in United States v. Balsys, 524 U.S. 666, 118 S.Ct. 2218, 141 L.Ed.2d 575 (1998). Appellants are immunized witnesses who have refused to testify before a grand jury, claiming that their case falls within a test articulated in

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