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IN RE HOEFFLIN

No. 83-1031.

715 F.2d 1309 (1983)

In re Monty HOEFFLIN, Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided August 31, 1983.

Attorney(s) appearing for the Case

Duane A. Lillehaug, Dosland, Dosland & Nordhougen, Moorhead, Minn., for petitioner Hoefflin.

Rodney S. Webb, U.S. Atty., Gary Annear, First Asst. U.S. Atty., Fargo, N.D., for appellee.

Ronald I. Meshbesher, Vice President, Nat. Ass'n of Crim. Defense Lawyers, Minneapolis, Minn., Alan Ellis, Chairman, Amicus Curiae Committee, Nat. Ass'n of Crim. Defense Lawyers, Philadelphia, Pa., for amicus curiae.

Before ROSS, ARNOLD and JOHN R. GIBSON, Circuit Judges.

ROSS, Circuit Judge.

This matter arises as a result of an order issued by the district court for the District of North Dakota1 directing the petitioner, Monty Hoefflin, to testify before the grand jury or submit to a polygraph examination. Hoefflin seeks relief pursuant to the All Writs Act, 28 U.S.C. § 1651. Because Hoefflin has failed to state a set of facts which could amount to a showing of present injury, we decline to grant...

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