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UNITED STATES v. STEELHAMMER

Nos. 75-2178, 75-2179.

539 F.2d 373 (1976)

UNITED STATES of America, Appellee, v. Richard STEELHAMMER, Appellant. UNITED STATES of America, Appellee, v. Andrew GALLAGHER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 22, 1976.

Attorney(s) appearing for the Case

Roger W. Tompkins, Charleston, W. Va. (Stone, Bowles, Kauffelt, & McDavid, Charleston, W. Va., on brief), for appellants.

Larry L. Simms, Washington, D.C., for the Reporters Committee for Freedom of the Press as amicus curiae.

Wayne A. Rich, Jr., Asst. U.S. Atty., Charleston, W. Va. (John A. Field, III, U.S. Atty., and Frank E. Jolliffe, Asst. U.S. Atty., Charleston, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, WINTER, Circuit Judge, and KUNZIG, Judge, United States Court of Claims.

ALBERT V. BRYAN, Senior Circuit Judge:

Newsreporters appeal their commitment of six months imprisonment for contempt of the District Court in refusing to obey its direction to answer questions of the prosecuting counsel when called to the stand as witnesses under subpoena in a civil contempt trial. They urge vacation of the judgment on the ground that it has deprived them of the protection of a qualified privilege vested in them by the First Amendment, to gather news...

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