No. 58.

350 U.S. 422 (1956)

76 S.Ct. 497

100 L.Ed. 511


Supreme Court of United States.

Decided March 26, 1956.

Attorney(s) appearing for the Case

Leonard B. Boudin argued the cause for petitioner. With him on the brief was Victor Rabinowitz.

Charles F. Barber argued the cause for the United States. On the brief were Solicitor General Sobeloff, Assistant Attorney General Tompkins, Oscar H. Davis, Harold D. Koffsky, B. Franklin Taylor, Jr. and John H. Davitt.

Osmond K. Fraenkel filed a brief for the National Lawyers Guild, as amicus curiae, supporting petitioner.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

On November 10, 1954, the United States Attorney for the Southern District of New York filed an application under the Immunity Act of 1954, 68 Stat. 745, 18 U. S. C. (Supp. II) § 3486, for an order requiring petitioner to testify before a grand jury. The Immunity Act, in its pertinent portions, provides:

"(c) Whenever in the judgment of a United States attorney the testimony of any witness,...

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