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KELLY v. GILBERT

No. CV-76-108-BLG.

437 F.Supp. 201 (1976)

William T. KELLY, Plaintiff, v. Howard GILBERT, Assistant Attorney General of the State of Montana, Robert L. Woodahl, Attorney General of the State of Montana, and the Grand Jury of Lewis and Clark County, State of Montana, Defendants.

United States District Court, D. Montana, Billings Division.

Supplemental Order October 20, 1976.

Judgment March 17, 1977.

Attorney(s) appearing for the Case

Patrick J. Foley, Billings, Mont., for plaintiff.

Sherman V. Lohn, Missoula, Mont., for defendants.

PRELIMINARY INJUNCTION

BATTIN, District Judge.

Presently before the Court is the question of whether to issue a preliminary injunction restraining the compelled appearance of the plaintiff before the Lewis and Clark County Grand Jury.

JURISDICTION.

The jurisdiction of this Court is invoked pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331. In the case of Shaw v. Garrison, 467 F.2d 113

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