IN RE PERSICO

No. 867, Docket 74-1101.

491 F.2d 1156 (1974)

In the Matter of Alphonse PERSICO, Appellant.

United States Court of Appeals, Second Circuit.

Decided February 19, 1974.


Attorney(s) appearing for the Case

Nancy Rosner, New York City, for appellant.

Robert G. DelGrosso, Denis E. Dillon. Attys., Dept. of Justice; Edward J. Boyd V, U. S. Atty., E.D.N.Y., for U. S.

Before WATERMAN and MULLIGAN, Circuit Judges, and BRYAN, District Judge.


WATERMAN, Circuit Judge:

This is an appeal from an adjudication of civil contempt pursuant to 28 U.S.C. § 1826(a) for refusal to answer a question propounded by a grand jury. Appellant refused to answer certain earlier questions on constitutional grounds and was granted "use" and "derivative use" immunity. Then, after answering a few questions, he objected to a particular question and, relying on Gelbard v. United States, 408 U.S. 41<...

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