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In re Ardolino

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


May 18, 1979

IN RE FREDERICK ARDOLINO, GRAND JURY WITNESS, APPELLANT.

Appeal from the United States District Court for the Eastern District of New York.

Present: Hon. William H. Mulligan, Hon. Milton Pollack,*fn* Hon. Robert L. Carter, * Circuit Judges

This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the order of said District Court be and it hereby is affirmed. Fear of harm to oneself or one's family does not justify a subpoenaed witness in refusing to testify before a grand jury. E.g., Piemonte v. United States, 367 U.S. 556 (1960); United States v. Damiano, 579 F.2d 1001, 1003-04 (6th Cir. 1978).


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