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UNITED STATES v. COYNE

No. 1230, Docket 77-1434.

587 F.2d 111 (1978)

UNITED STATES of America, Appellee, v. Howard COYNE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 14, 1978.

Attorney(s) appearing for the Case

Robert P. Freedman, Buffalo, N. Y., for defendant-appellant.

Carol C. White, North Tonawanda, N. Y. (Richard J. Arcara, U. S. Atty., Western District of New York, Edward J. Wagner and William M. Skretny, Asst. U. S. Attys., Buffalo, N. Y., of counsel), for appellee.

Before VAN GRAAFEILAND, Circuit Judge, and DOOLING and COFFRIN, District Judges.

DOOLING, District Judge:

The present appeal requires a determination of whether the principal officer of a bankrupt corporation who testifies without explicit compulsion to do so at the first meeting of the bankrupt's creditors is entitled to claim the use immunity provided by Section 7a(10) of the Bankruptcy Act (11 U.S.C. § 25(a)(10)) for testimony given by bankrupts at the first meeting of creditors.

Section 7, in which the use immunity is included...

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