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UNITED STATES v. KUEHN

No. 77-1128.

562 F.2d 427 (1977)

UNITED STATES of America, Plaintiff-Appellee, and Marvin C. Schwartz, Intervenor-Appellee, v. Clyde L. KUEHN, State's Attorney in and of St. Clair County, Illinois, Successor to Robert H. Rice, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 19, 1977.

Rehearing and Rehearing Denied November 7, 1977.

Attorney(s) appearing for the Case

Carmen S. Durso, Asst. State's Atty., St. Clair County, Belleville, Ill., for defendant-appellant.

Frederick J. Hess, U. S. Atty., Clifford J. Proud, Asst. U. S. Atty., East St. Louis, Ill., William J. Billeaud, Edwardsville, Ill., for plaintiff-appellee.

Before CASTLE, Senior Judge, and SWYGERT and SPRECHER, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 7, 1977.

SWYGERT, Circuit Judge.

This case involves the effect of an order granting immunity under the provisions of 18 U.S.C. § 6002. Specifically, the question is whether the state prosecution of a witness on charges which relate to his immunized federal grand jury testimony may be enjoined by the United States Attorney on behalf of the United States.

On June 17, 1976 the St. Clair County grand...

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