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UNITED STATES v. DOE

No. 72-1021.

455 F.2d 1270 (1972)

UNITED STATES of America, v. John DOE. In the Matter of Grand Jury Proceeding: Application of Daniel ELLSBERG for Protective Order.

United States Court of Appeals, First Circuit.

Heard January 21, 1972 on Motion for Stay and Motion to Dismiss.

Decided February 11, 1972.

Attorney(s) appearing for the Case

Charles R. Nesson, Cambridge. Mass., for appellant upon application for stay.

Richard J. Barry, Asst. U. S. Atty., with whom Joseph L. Tauro, U. S. Atty., David R. Nissen and Warren P. Reese, Asst. U. S. Attys., were on motion to dismiss and memorandum in opposition to stay, for appellee.

Before McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Daniel Ellsberg, a defendant in a pending criminal prosecution initiated by an indictment in the Central District of California, seeks a protective order barring a grand jury sitting in the District of Massachusetts (Boston) from gathering evidence which would be relevant to his trial in California. The district court denied the motion, basing its decision on the prosecution's representation "that its purpose in calling witnesses [in Boston...

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