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UNITED STATES v. SMITH

Crim. No. 83-39.

580 F.Supp. 1418 (1984)

UNITED STATES of America v. Lawrence A. SMITH.

United States District Court, D. New Jersey.

February 27, 1984.

Attorney(s) appearing for the Case

W. Hunt Dumont, U.S. Atty. by Cecilia L. Gardner, Sp. Atty., Dept. of Justice Organized Crime and Racketeering Section, Newark, N.J., for the U.S.

Raymond A. Brown, Henry F. Furst, Brown, Brown & Furst, P.A., Newark, N.J., for defendant.

OPINION

BROTMAN, District Judge.

In this criminal prosecution the court has applied the principles enunciated in Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972), to determine whether the evidence intended to be used by the federal government at trial is impermissibly tainted by the defendant's prior immunized testimony before a state investigative commission. After conducting an extensive...

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