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IN RE BRUMMITT

Nos. 79-3272, 79-3273 Summary Calendar.

608 F.2d 640 (1979)

In re Grand Jury Proceedings, David BRUMMITT, Appellant. In re Grand Jury Proceedings, Jack Wayne SCARBOROUGH, Appellant.

United States Court of Appeals, Fifth Circuit.

December 5, 1979.

Attorney(s) appearing for the Case

Charles Louis Roberts, El Paso, Tex., for appellant.

Le Roy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before BROWN, Chief Judge, and TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.

TJOFLAT, Circuit Judge:

David M. Brummitt and Jack W. Scarborough both appeal from adjudications of civil contempt for failure to testify before a federal grand jury after having been granted use immunity pursuant to 18 U.S.C. §§ 6002, 6003 (1976).1 Both were incarcerated and denied bail pending expedited appeal. 28 U.S.C. § 1826 (1976).2 See In re Grand Jury Proceedings (Gravel),

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