IN RE KIRK

Nos. 79-1733, 79-1820.

641 F.2d 684 (1981)

In re Charles R. B. KIRK. UNITED STATES of America, Plaintiff-Appellee, v. Charles R. B. KIRK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1981.


Attorney(s) appearing for the Case

Marcus S. Topel, San Francisco, Cal., for defendant-appellant.

Eric Swensen, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY, TANG and CANBY, Circuit Judges.


DUNIWAY, Circuit Judge:

Charles Kirk, a Deputy Attorney General of California, appeals from two convictions for criminal contempt under 28 U.S.C. § 636(d) (now at 28 U.S.C. § 636(e) and 18 U.S.C. § 401, respectively). We reverse both convictions.

I. The Facts.

Because we reverse for lack of evidence, we state the facts in detail.

In 1976 one Elmer "Geronimo" Pratt filed a civil rights action in the district court against...

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