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UNITED STATES v. FITCH

No. 72-3074.

472 F.2d 548 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Barbara Jean FITCH, and Robert Keelan Meisel, Jr., grand jury witnesses, Defendants-Appellants, Charles Farrell Malone, Attempted Intervenor.

United States Court of Appeals, Ninth Circuit.

January 5, 1973.

Attorney(s) appearing for the Case

William L. Osterhoudt, of Singer & Osterhoudt, Paul N. Halvonik, of Friedman, Sloan & Halvonik, Patrick S. Hallinan, San Francisco, Cal., for defendants-appellants.

A. William Olson, Asst. Atty. Gen., Robert L. Keuch, George W. Calhoun, Robert W. Merkle, Attys., Washington, D. C., James L. Browning, Jr., U. S. Atty., David Bancroft, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS, KOELSCH and WALLACE, Circuit Judges.

PER CURIAM:

Fitch and Meisel have been adjudged guilty of civil contempt (after having been granted "use" immunity) for refusal to testify before a federal grand jury. Malone, already under indictment,1 sought to intervene. This was denied. All three appeal.

We list most of the contentions and our responses:

1. That the witnesses claimed their sometime attorney had been subject to electronic surveillance by someone and...

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