TJOFLAT, Circuit Judge:
The district court adjudged Andrew D'Apice in criminal contempt for refusing to testify in a criminal case under use immunity granted him by the court and the prosecutor. We find that D'Apice's refusal to testify was a valid exercise of his fifth amendment privilege and therefore reverse.
I.
On October 15, 1980, a grand jury in the Southern District of Florida indicted Andrew D'Apice, Robert DiBernardo and Theodore Rothstein...
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