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SCHMIDT v. UNITED STATES

Nos. 8450, 8467.

115 F.2d 394 (1940)

SCHMIDT v. UNITED STATES. MAU v. SAME.

Circuit Court of Appeals, Sixth Circuit.

As Amended on Denial of Rehearing December 3, 1940.

Attorney(s) appearing for the Case

Murray Seasongood and Paxton & Seasongood, all of Cincinnati, Ohio, for appellant Milton H. Schmidt.

Robert Houston French, of Cincinnati, Ohio, for appellant Haveth E. Mau.

Morison R. Waite and Joseph O'Meara, Jr., both of Cincinnati, Ohio, for Cincinnati Bar Ass'n.

James J. Waters, of Washington, D.C. (O. John Rogge, William W. Barron, and James J. Waters, all of Washington, D.C., and James H. Cleveland, of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

On April 4, 1939, a grand jury was impaneled in the District Court of the Southern District of Ohio, Western Division. The oath administered to the jurors contained the following obligation, "* * * that the counsel of the United States, your own and your fellow jurors, shall be kept secret unless you are called upon in a Court of Justice to make disclosures. * * *"

This oath conformed to that prescribed for grand jurors by the law of...

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