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AUSTIN v. UNITED STATES

No. 8317.

297 F.2d 356 (1961)

Elizabeth G. AUSTIN, Appellant, v. UNITED STATES of America, James E. Holshouser, United States Attorney for the Middle District of North Carolina, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 21, 1961.

Attorney(s) appearing for the Case

Richard E. Thigpen, Jr., Charlotte, N. C. (Richard E. Thigpen and Robert L. Hines, Charlotte, N. C., on brief), for appellant.

James E. Holshouser, U. S. Atty., Greensboro, N. C., for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge.

The appellant, Elizabeth G. Austin, filed a petition in the United States District Court for the Middle District of North Carolina to enjoin the United States Attorney from presenting to a federal grand jury certain evidence allegedly obtained from her in violation of her constitutional rights under the Fourth and Fifth Amendments. The petition, together with affidavits, stated that on June 5, 1958, two Internal Revenue agents appeared at the...

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