BURSEY v. UNITED STATES

No. 26479.

466 F.2d 1059 (1972)

Sherrie BURSEY and Brenda Joyce Presley, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 5, 1972.


Attorney(s) appearing for the Case

Arne Werchick (argued), Richard J. Massa, Garry, Dreyfus, McTernan & Brotsky, San Francisco, Cal., for appellants.

Robert C. Mardian, Asst. Atty. Gen., James L. Browning, Jr., U. S. Atty., N.D. Cal., Robert L. Keuch, Garvin Lee Oliver, Victor C. Woerheide, Jr., Jerome K. Heilbron, Attys., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before MERRILL, KOELSCH, and HUFSTEDLER, Circuit Judges.


HUFSTEDLER, Circuit Judge:

Bursey and Presley, who are members of the staff of The Black Panther newspaper, were held in contempt when they refused to answer certain questions propounded by a federal grand jury. Throughout the grand jury proceedings and the proceedings before the district court, the witnesses consistently asserted the First and Fifth Amendments as the bases upon which they refused to answer the grand jury's inquiries. The appeal presents searching...

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