IN RE RUSSO

No. 71-2046.

448 F.2d 369 (1971)

In the Matter of Grand Jury Witness, Anthony RUSSO, Jr. Anthony RUSSO, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

August 17, 1971.


Attorney(s) appearing for the Case

Joseph A. Ball (argued), of Ball, Hunt, Hart, Brown & Baerwitz, Long Beach, Cal., for appellant.

Robert L. Keuch (argued), Garvin Lee Oliver, Dept. of Justice, Robert C. Mardian, Asst. Atty. Gen., Washington, D. C., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellee.

Before KOELSCH and CARTER, Circuit Judges, and BEEKS, District Judge.


JAMES M. CARTER, Circuit Judge.

This is an appeal from an order of the district court holding Russo, a witness before the grand jury, in civil contempt for failure to answer questions, 28 U.S. C. § 1826, after being granted immunity under 18 U.S.C. § 2514.

Russo raises procedural questions allegedly invalidating the judgment, and also contends that subsequent to the refusal to answer, the grand jury has indicted one Ellsberg, who was the subject...

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