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GORDON v. GERSTEIN

No. 65-931.

183 So.2d 285 (1966)

Herschel GORDON, Petitioner, v. Richard E. GERSTEIN, State Attorney of the 11TH Judicial Circuit, State of Florida, County of Dade, Respondent.

District Court of Appeal of Florida. Third District.

February 22, 1966.

Attorney(s) appearing for the Case

Carr & Warren, Miami, for petitioner.

Earl Faircloth, Atty. Gen., and Herbert P. Benn, First Asst. Atty. Gen., for respondent.

Before TILLMAN PEARSON, CARROLL and SWANN, JJ.

PER CURIAM.

The petitioner Herschel Gordon was summoned by the state attorney of Dade County, to be interrogated with reference to a certain violation of criminal law under investigation, as provided for by § 27.04, Fla. Stat., F.S.A. Thereafter the state attorney filed a suggestion seeking a contempt citation, alleging that Gordon, "upon advice of his counsel, did fail and refuse to testify unless his counsel was present during the course of the interrogation...

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