BEVERLY v. UNITED STATES

No. 72-2752.

468 F.2d 732 (1972)

In re Grand Jury Proceedings of Robert W. BEVERLY et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

September 25, 1972.


Attorney(s) appearing for the Case

Cameron Cunningham, Austin, Tex., Benjamin E. Smith, New Orleans, La., Jack Levine, Philadelphia, Pa., Nancy Stearns, Doris Peterson, James Reif, c/o Center for Constitutional Rights, New York City, Judith Petersen, Johnson & Ellis, Gainesville, Fla., Edward Carl Broege, Newark, N. J., for appellants.

William M. Piatt, Robert L. Keuch, Thaddeus B. Hodgdon, Attys., U. S. Dept. of Justice, Washington, D. C., Stewart J. Carrouth, Guy Goodwin and Stark King, U. S. Dept. of Justice, Tallahassee, Fla., William H. Stafford Jr., U. S. Atty., Pensacola, Fla., A. William Olson, Asst. Atty. Gen., Washington, D.C., for appellee.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.


SIMPSON, Circuit Judge:

We review the commitment under Section 1826, Title 28, U.S.C.1 of the four appellants for civil contempt for refusal to answer questions before a federal grand jury. The commitment of each was for confinement for the life of the grand jury (about 12 months) or until he testified in response to the questions propounded. We find that one of the several contentions advanced by appellants is meritorious and accordingly...

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