IN RE MINTZER

No. 75-1009.

511 F.2d 474 (1975)

In re Lionel MINTZER, Appellant.

United States Court of Appeals, First Circuit.

Decided January 29, 1975.


Attorney(s) appearing for the Case

Joseph J. Balliro and Henry D. Katz, Boston, Mass., on brief, for appellant.

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

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


PER CURIAM.

The appellant is a recalcitrant witness who, though granted "use immunity", refused to testify when called before the grand jury on the ground that the questions to be propounded were the product of an unlawful wiretap. The district court examined the wiretap that the government asserted was the sole basis for the questions, E.B.D. 71-98, and found it to be lawful. We upheld the district court procedure and ruling that the appellant was in contempt under...

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