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IN RE McCLURE

No. 24133.

442 F.2d 836 (1971)

In re John C. McCLURE. Appeal of Earl SWICEGOOD, Aurin Dale Little.

United States Court of Appeals, District of Columbia Circuit.

Decided March 12, 1971.

As Amended April 19, 1971.

Attorney(s) appearing for the Case

Mr. John G. Perazich, Washington, D. C. (appointed by the District Court) for appellant.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Sandor Frankel, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

FAHY, Senior Circuit Judge:

In proceedings before the District Court appellant was convicted of contempt of court, in violation of 18 U.S.C. § 401, which in pertinent part provides:

A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as — (1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of...

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