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INFELICE v. UNITED STATES

Nos. 75-1454, 75-1675.

528 F.2d 204 (1975)

Ernest INFELICE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. UNITED STATES of America, Petitioner-Appellant, v. Raymond J. DULSKI et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 31, 1975.

Attorney(s) appearing for the Case

Julius Lucius Echeles, Chicago, Ill., Henry G. Piano, Milwaukee, Wis., for Infelice and Dulski.

Samuel K. Skinner, U.S. Atty., Peter F. Vaira, William J. Cook, Asst. U.S. Attys., Chicago, Ill., William J. Mulligan, U.S. Atty., Milwaukee, Wis., for the United States.

Before CLARK, Associate Justice, and PELL and SPRECHER, Circuit Judges.

CLARK, Associate Justice.

These two cases raise one common question: Whether an indictment must be invalidated when the letter of authority from the Attorney General directing the "special attorney" to investigate and prosecute the case is too broad under 28 U.S.C. § 515(a),1 resulting in the presence of an unauthorized person before the Grand Jury. In Dulski,2 the District Court held the letter...

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