IN RE GRAND JURY PROCEEDINGS

No. 77-1860.

574 F.2d 445 (1978)

In re GRAND JURY PROCEEDINGS. Appeal of Robert W. BROWN, witness.

United States Court of Appeals, Eighth Circuit.

Decided April 24, 1978.


Attorney(s) appearing for the Case

Harlow B. King, Robert W. Brown, Robert E. Fitzgerald, Jr., of Hoskins, King, McGannon, Hahn & Hurwitz, Kansas City, Mo., on brief, for appellant.

Ronald S. Reed, U. S. Atty., Kansas City, Mo., M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Robert E. Lindsay, and Daniel F. Ross, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief, for appellee.

Before LAY and BRIGHT, Circuit Judges, and HANSON, Senior District Judge.


PER CURIAM.

Robert W. Brown, an attorney, was held in contempt of court for failing to comply with a grand jury subpoena duces tecum. Brown appeals from a later order in which the district court allowed the Government to withdraw the subpoena but refused to vacate the contempt order. We direct the district court to vacate the contempt order, but we affirm its decision to deny Brown costs and attorney's fees.

On February 25, 1977, a grand jury investigating...

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