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UNITED STATES v. GERMANN

No. 260, Docket 30848.

370 F.2d 1019 (1967)

UNITED STATES of America, Appellee, v. Walter GERMANN, Appellant.

United States Court of Appeals Second Circuit.

Decided January 12, 1967.

Attorney(s) appearing for the Case

John S. Allee, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, and Pierre N. Leval, Asst. U. S. Atty., New York City, on the brief), for appellee.

Louis Bender, New York City (Lloyd A. Hale, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

LUMBARD, Chief Judge:

This appeal raises the question whether a witness before a grand jury is in disobedience of the command of the district court, in violation of 18 U.S.C. § 401, when he fails to return for further questioning at a time expressly directed by the foreman of that grand jury and recorded in the grand jury's minutes. We hold that he is in disobedience and we affirm the order of the district court which adjudged him in civil contempt and imposed...

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