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CARTER v. UNITED STATES

No. 24554.

417 F.2d 384 (1969)

Larry CARTER, Steve Shead, and Fred Crawford, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 9, 1969.

Attorney(s) appearing for the Case

Allan Brotsky (argued), Charles R. Garry, David E. Pesonen of Garry, Dreyfus, McTernan & Brotsky, San Francisco, Cal., for appellants.

Victor C. Woerheide (argued), Jerome K. Heilbron, Richard L. Darst, Attys., Dept. of Justice, Washington, D. C., Cecil F. Pool, U. S. Atty., Jerrold M. Ladar, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Paul N. Halvonik (argued) and Charles C. Marson, ACLU, San Francisco, Cal., of counsel, Robert Allen Sedler, Lexington, Ky. (ACLU), Melvin L. Wulf, Eleanor Holmes Norton, New York City, (ACLU), for amicus curiae.

Before HAMLIN and DUNIWAY, Circuit Judges, and SMITH, District Judge.

DUNIWAY, Circuit Judge:

In this case, each of the appellants was subpoenaed to appear before a Federal Grand Jury, and did so. On May 14, 1969, each was asked a number of questions and refused to answer each question on the ground that his answer might incriminate him.1 The next day, the government applied for orders granting each witness immunity and ordering him to testify. Each application alleged that the Grand Jury was "inquiring...

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