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IN RE CLARK

No. M-11-188 (MP).

461 F.Supp. 1149 (1978)

In re a Grand Jury Subpoena Served on Lucy CLARK.

United States District Court, S. D. New York.

December 12, 1978.

Attorney(s) appearing for the Case

Bender & Frankel, New York City, for Lucy Clark, by Louis Bender, New York City.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., by Michael S. Devorkin, Asst. U. S. Atty., New York City, for the U. S.

POLLACK, District Judge.

This is a motion to quash a grand jury subpoena served on Lucy Clark for the purpose of giving handwriting exemplars in connection with an investigation concerning her husband. Mrs. Clark objects to the subpoena on the ground that it violates her marital privilege to refuse to testify against her husband.

The rule in the federal courts is that a spouse may not testify against the other. See Hawkins v. United States, ...

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