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IN RE HERGENROEDER

No. 77-2113.

555 F.2d 686 (1977)

In re Grand Jury Proceedings, Tom HERGENROEDER.

United States Court of Appeals, Ninth Circuit.

June 9, 1977.

Attorney(s) appearing for the Case

James F. Tritt, argued, Fresno, Cal., for appellant.

Anthony Copozzi, argued, Asst. U.S. Atty., Fresno, Cal., for appellee.

Before GOODWIN, WALLACE and ANDERSON, Circuit Judges.

PER CURIAM:

Tom Hergenroeder appeals an order that he stand committed until he purges his contempt or until the adjournment of the grand jury which requested the handwriting exemplar he has refused to produce.

Faced with Supreme Court authority that he has neither a Fourth Amendment1 nor a Fifth Amendment2 right to refuse the exemplar, Hergenroeder claims a "supervisory-power" right to an affidavit...

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