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IN RE SPECIAL GRAND JURY IMPANELED FEB. 12, 1976

No. 77-1410.

565 F.2d 1225 (1977)

In re SPECIAL GRAND JURY IMPANELED FEBRUARY 12, 1976. Appeal of George KAUFMAN et al.

United States Court of Appeals, First Circuit.

Decided December 7, 1977.

Attorney(s) appearing for the Case

Martin G. Weinberg, Boston, Mass., with whom Judith H. Mizner and Oteri & Weinberg, Boston, Mass., were on brief, for appellants.

John R. Tarrant, III, Sp. Atty., U. S. Dept. of Justice, Washington, D. C., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., and Gerald E. McDowell, Sp. Atty., U. S. Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, CRARY, District Judge.

COFFIN, Chief Judge.

Two appellants, incarcerated for refusal to testify before a grand jury and committed until they testify or during the life of the grand jury (not to exceed eighteen months), seek habeas corpus on the ground that the life of that jury has expired. Their claim is that the grand jury, although denominated a "special grand jury", 18 U.S.C. § 3331(a), which is capable of having its life extended up...

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