IN RE MINTZER

No. 74-1388.

511 F.2d 471 (1974)

In re Lionel MINTZER, Appellant.

United States Court of Appeals, First Circuit.

Decided December 26, 1974.


Attorney(s) appearing for the Case

Henry D. Katz, Boston, Mass., with whom Joseph J. Balliro, Boston, Mass., was on brief, for appellant.

George F. Kelly, Sp. Atty., Dept. of Justice, with whom James N. Gabriel, U. S. Atty., Gerald E. McDowell, and Jeffrey M. Johnson, Sp. Attys., Dept. of Justice, were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


PER CURIAM.

The appellant was called as a witness before a grand jury. Although granted immunity for his testimony, he was recalcitrant when he appeared and was as a consequence held in contempt pursuant to 28 U.S.C. § 1826(a).

The district court had, in an effort to expedite matters, permitted the witness to seek government affirmance or denial of wiretapping, under 18 U.S.C. § 3504, prior to his grand jury appearance. This was not required, because...

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