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FRASER v. UNITED STATES

No. 71-1503.

452 F.2d 616 (1971)

In re Osborne Owen FRASER, a Witness before the Special February 1971 Grand Jury, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied November 30, 1971.

Attorney(s) appearing for the Case

R. Eugene Pincham, Chicago, Ill., for appellant.

William J. Bauer, U. S. Atty., Sheldon Davidson, Chicago, Ill., for appellee; Lee Allen Hawke, Special Atty., Dept. of Justice, John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before KILEY, CUMMINGS, and SPRECHER, Circuit Judges.

CUMMINGS, Circuit Judge.

Osborne Owen Fraser was served with a grand jury subpoena ad testificandum in late February or early March 1971, commanding him to appear before the Grand Jury in Chicago, Illinois, on March 19, 1971, "to testify in behalf of the United States generally." Fraser appeared before the Grand Jury on several dates but refused to give any testimony about his alleged gambling operations, asserting his Fifth Amendment privilege against self...

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