IN RE STEWART

No. 77-1458.

571 F.2d 958 (1978)

In re Murray STEWART, Appellant.

United States Court of Appeals, Fifth Circuit.

April 24, 1978.


Attorney(s) appearing for the Case

Pat H. Scanlon, E. Stephen Williams, Jackson, Miss., for appellant.

E. Donald Strange, Asst. U. S. Atty., Robert E. Hauberg, U. S. Atty., Jackson, Miss., for appellee.

Mervyn Hamberg, Dept. of Justice, Crim. Div., Washington, D. C., for amicus curiae.

Before WISDOM, GODBOLD and CLARK, Circuit Judges.


GODBOLD, Circuit Judge.

The appellant Murray Stewart was adjudged guilty of civil contempt by the district court and sentenced to a fine and a period of probation. The fine has been paid and the period of probation has run its course. The judgment of contempt is invalid and is reversed.

This case is shot through with error. At the invitation of this court, the Department of Justice has appeared as amicus curiae, and it acknowledges that the judgment of contempt...

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