Charles Smith and Irene Smith v. United States of America and David M. Satz, Jr., United States Attorney for the District of New Jersey

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal from an order of the District Court dismissing a petition which (1) sought to enjoin the defendants from presenting certain evidence before a Federal Grand Jury; (2) sought to enjoin the use of such evidence in any manner in the prosecution of the petitioners; and (3) demanded the return of such evidence.

We are dealing with two appealing petitioners who are husband and wife, the husband being the principal actor. He received from the Intelligence Division of the Internal Revenue Service a letter stating that in connection with an…