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IN RE MILLOW

No. 591, Docket 75-1381.

529 F.2d 770 (1976)

In re Francis Joseph MILLOW, Appellant.

United States Court of Appeals, Second Circuit.

Decided January 13, 1976.

Attorney(s) appearing for the Case

Mark A. Varrichio, New York City, for appellant.

Michael D. Abzug, Sp. Atty., U. S. Dept. of Justice, New York City (Thomas J. Cahill, U. S. Atty. S. D. N. Y. and John D. Gordan, III, Asst. U. S. Atty., New York City, on the brief), for United States.

Before LUMBARD, FRIENDLY and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

Francis Joseph Millow asks us to vacate an order of the Southern District entered on October 31, 1975, under which he has been confined pursuant to 28 U.S.C. § 1826(a) for failure to answer questions before a grand jury. Millow asserts that he was entitled to withhold his testimony because the government admitted that it had obtained evidence that served as the basis for questions propounded by the grand jury through the illegal use of...

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