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IN RE FARQUHAR

No. 72-1088.

492 F.2d 561 (1973)

In re Thomas W. FARQUHAR, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1973.

Attorney(s) appearing for the Case

Albert J. Ahern, Jr., Bailey's Crossroads, Va., for appellant.

Joseph E. di Genova, Asst. U.S. Atty., with whom Harold H. Titus, Jr., U.S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. James A. Fitzgerald, Asst. U.S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, JOHN MINOR WISDOM, Circuit Judge for the Fifth Circuit, and WILKEY, Circuit Judge.

WISDOM, Circuit Judge:

Thomas W. Farquhar, appellant, was convicted of criminal contempt under 18 U.S.C. § 401(1), (3)1 and F.R.Cr.P. 42(a).2 On appeal, he contends that the certificate of contempt should have been dismissed because it failed to establish the crime of contempt; that the trial judge should have issued an order to show cause under F.R.Cr.P. 42(b) before holding the appellant in contempt...

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