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IN RE GRAND JURY PROCEEDINGS

No. 78-3222.

586 F.2d 724 (1978)

In re GRAND JURY PROCEEDINGS. UNITED STATES of America, Plaintiff-Appellee, v. Allan Wolfe PRESSMAN and Allen Lee Behan, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 22, 1978.

Attorney(s) appearing for the Case

Thomas C. Troy, Dorchester, Mass., on brief, for defendants-appellants.

Kenneth A. Bauman, Portland, Or., on brief, for plaintiff-appellee.

Before WRIGHT, GOODWIN, and ANDERSON, Circuit Judges.

PER CURIAM:

After a grant of immunity pursuant to 18 U.S.C. § 6001 et seq. the appellants refused to testify before a grand jury and were found in contempt of court and ordered committed. They appeal the judgment of contempt.

Because both appellants were already in federal custody serving prison sentences when they were adjudicated to be in contempt of court, they seek to have the contempt judgments set aside so that their prison time will count...

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