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IN RE MELVIN

Misc. No. 76-8077.

546 F.2d 1 (1976)

In re James Francis MELVIN, Petitioner, Petition for a Writ of Mandamus, or, alternatively, for a Writ of Habeas Corpus.

United States Court of Appeals, First Circuit.

Decided November 22, 1976.

As Amended December 29, 1976.

Stay Denied March 7, 1977.

Attorney(s) appearing for the Case

Martin G. Weinberg and Oteri & Weinberg, Boston, Mass., on petition and memorandum in support thereof.

James N. Gabriel, U. S. Atty., and Robert B. Collings, Asst. U. S. Atty., Deputy Chief, Crim. Div., Boston, Mass., on memorandum in response thereto.

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

LEVIN H. CAMPBELL, Circuit Judge.

On August 19, 1975, four armed men robbed the West Yarmouth Branch of the First National Bank of Yarmouth. Although one of the four has been apprehended, tried, and sentenced, the others remain at large, their identity being the subject of investigation by law enforcement personnel and by a grand jury. Petitioner James Francis Melvin was subpoenaed by the grand jury as part of its investigation of the robbery. He appeared on March...

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