No. 73-2027.

514 F.2d 794 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. John K. BRIGGS et al., Defendants, Robert Wayne Beverly and John C. Chambers, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 13, 1975.

Attorney(s) appearing for the Case

James Reif, Center for Constitutional Rights, New York City, for defendants-appellants.

William H. Stafford, Jr., U. S. Atty., Pensacola, Fla., Richard S. Stolker, Crim. Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GODBOLD, DYER and GEE, Circuit Judges.

GODBOLD, Circuit Judge:

Appellants were named as "unindicted conspirators" in an indictment by a federal grand jury charging a highly publicized conspiracy. In this case they challenge the power of the grand jury to charge them with criminal conduct in this manner without indicting them. We conclude that the grand jury exceeded its power and authority and that its action was a denial of due process to appellants.

I. The facts.

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