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IN RE THOMPSON

No. 80-1591.

624 F.2d 17 (1980)

In re: Grand Jury Proceedings, Raybourne THOMPSON, Jr., Appellant.

United States Court of Appeals, Fifth Circuit.

July 30, 1980.

Attorney(s) appearing for the Case

Butler, Binion, Rice, Cook & Knapp, Donald B. McFall, Houston, Tex., Watson, Ess, Marshall & Enggas, Leonard Singer, Allan L. Bioff, Kansas City, Mo., for defendant-appellant.

Fisher, Roch & Gallagher, Michael W. Perrin, Houston, Tex., amicus curiae, for Fisher, Roch & Gallagher.

Guy L. Goodwin, Daniel I. Small, Dept. of Justice, Gen. Litigation Section, Criminal Division, Washington, D.C., for plaintiff-appellee.

Before GEE, RUBIN and POLITZ, Circuit Judges.

GEE, Circuit Judge:

This is the expedited appeal, pursuant to 28 U.S.C. § 1826, of an order confining a "recalcitrant" grand jury witness. We have heretofore issued our judgment vacating the order appealed from and remanding the matter for further proceedings to be conducted in accordance with this opinion. The issues presented are of great importance, and we regret that they must be considered and disposed of under severe...

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