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STERN v. UNITED STATES

No. 103, Docket 24685.

249 F.2d 720 (1957)

Matter of the Issuance of a Subpœna to Alfred K. STERN and Martha Dodd Stern, Citizens of the United States Presently Residing in Mexico, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided December 5, 1957.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., New York City, Robert Kirtland, and Herbert C. Kantor, Asst. U. S. Attys., New York City, of counsel, for appellee-movant.

Paul O'Dwyer, New York City, for appellants, in opposition.

Before SWAN, MEDINA, and WATERMAN, Circuit Judges.

PER CURIAM.

The motion is based upon the affidavit of an Assistant United States Attorney, made on information and belief. The affidavit sets out the following facts: On February 22, 1957, subpoenas were issued, pursuant to orders of a Judge of the District Court for the Southern District of New York, commanding the Sterns to appear before a federal grand jury on March 14, 1957, in the United States Court House in New York City. The subpoenas were personally served...

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