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IN RE GRAND JURY MATTER (WITNESS RW)

No. 82-1183.

697 F.2d 103 (1982)

In re GRAND JURY MATTER (WITNESS RW).

United States Court of Appeals, Third Circuit.

Decided December 29, 1982.

Attorney(s) appearing for the Case

Anna M. Durbin, Asst. Federal Defender (argued), Defender Ass'n of Philadelphia, Philadelphia, Pa., for appellant.

Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, John J. Rosenberg (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before HUNTER and GARTH, Circuit Judges, and STERN, District Judge.

PER CURIAM:

The issue presented by this appeal is whether, under 28 U.S.C. § 1821, a subpoenaed witness is entitled to the $30 per day fee for attendance at court when that witness was serving a criminal sentence.

Appellant (the witness RW) was subpoenaed by a federal grand jury on January 5, 1982, to provide handwriting exemplars. At that time the witness was serving a state sentence in the Schuylkill County Jail. After the witness refused to provide...

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