In Re Grand Jury Proceedings. Gustave Alba Nancy Alba, Witnesses-Appellants v. United States

12 F.3d 1106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re GRAND JURY PROCEEDINGS. Gustave ALBA; Nancy Alba, Witnesses-Appellants, v. UNITED STATES of America, Appellee. No. 93-17014. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1993. * Decided Dec. 2, 1993. 1 Before: SNEED, NOONAN and TROTT, Circuit Judges 2 MEMORANDUM ** 3 Nancy Alba and Gustave Alba appeal the district court's adjudication of contempt for their refusal to testify before the grand jury. The Albas claim that the district court erred by failing to recognize a family privilege that would prohibit the government from compelling their testimony against the target of the grand jury, Natale Richichi, Nancy Alba's father and Gustave Alba's father-in-law, and by failing to accept their claim of an adverse testimony spousal privilege. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse and remand to the district court. 4 We review the district court's adjudication of civil…