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SPINAR v. MITCHELL

No. 23755.

431 F.2d 696 (1970)

Lloyd SPINAR et al., Plaintiff-Appellants, v. John N. MITCHELL, etc., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 8, 1970.

Attorney(s) appearing for the Case

Stanley Fleishman, Hollywood, Cal., for appellants.

Wm. M. Byrne, Jr., U. S. Atty., Herbert M. Shoenberg, Asst. U. S. Atty., Los Angeles, Cal.; Wm. D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, Norman G. Knopp, Attys., Dept. of Justice, Washington, D. C., for appellees.

Before JERTBERG, DUNIWAY and KILKENNY, Circuit Judges.

PER CURIAM:

Plaintiffs-Appellants brought this action in the Central District of California seeking to enjoin the Attorney General, the Assistant Attorney General in charge of the Criminal Division, the United States Attorney for the District of North Dakota, and others, from prosecuting them in North Dakota for violating 18 U.S.C. §§ 1461 and 1462. The complaint alleged that such a proceeding was then pending before a grand jury in the District of North...

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