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IN RE DeMONTE

No. 81-2804.

667 F.2d 590 (1981)

In re Francis J. DeMONTE, A Witness Before the Special September 1981 Grand Jury. Francis J. DeMONTE, Witness-Appellant, v. UNITED STATES of America, Petitioner-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1981.

Attorney(s) appearing for the Case

Jerome Rotenberg, Louis Carbonaro, Chicago, Ill., for witness-appellant.

Dan K. Webb, U. S. Atty., Chicago, Ill., for petitioner-appellee.

Before SPRECHER, BAUER and CUDAHY, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the district court that adjudged the appellant, a recalcitrant grand jury witness, in civil contempt and directed that he be confined pursuant to 28 U.S.C. § 1826. For the reasons stated below, we vacate that order and remand the matter for further proceedings.

The appellant, Francis J. DeMonte, was originally subpoenaed to appear before the Special September 1978 Grand Jury on July 1, 1981. He responded...

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