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IN RE LOPREATO

No. 74-1418.

511 F.2d 1150 (1975)

In re Antonio LOPREATO, Appellant.

United States Court of Appeals, First Circuit.

Decided February 9, 1975.

Attorney(s) appearing for the Case

James R. McGowan, Providence, R. I., with whom Harold C. Arcaro, Jr. and Salter, McGowan, Arcaro & Swartz Incorporated, Providence, R. I., were on brief, for appellant.

S. Michael Levin, Sp. Atty., Crim. Div., U. S. Dept. of Justice, with whom Lincoln C. Almond, U. S. Atty., Providence, R. I., and Charles J. Alexander, Sp. Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C. were on brief, for appellee.

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

COFFIN, Chief Judge.

The appellant was subpoenaed to appear before and to provide handwriting exemplars to a special grand jury empanelled pursuant to 18 U.S.C. § 3331. He had been previously informed that he was a "target" of the grand jury's inquiry. When he failed to appear, a lengthy and thorough hearing was provided by the district court to determine whether his appearance should be ordered. The appellant challenged the authority of the U. S. Attorney to...

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