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UNITED STATES v. NIGHTINGALE

No. 82-1659.

703 F.2d 17 (1983)

UNITED STATES of America, Appellee, v. George NIGHTINGALE, Victor J. Spellman and Dennis Lesiur, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 25, 1983.

Attorney(s) appearing for the Case

Stephen J. Fortunato, Jr., with whom McKinnon & Fortunato, Pawtucket, R.I., was on brief, for defendants, appellants.

William C. Bryson, Atty., Dept. of Justice, Washington, D.C., with whom Lincoln C. Almond, U.S. Atty., and Edwin J. Gale, Sp. Atty., Dept. of Justice, Providence, R.I., were on brief, for appellee.

Before BOWNES and BREYER, Circuit Judges, and WYZANSKI, Senior District Judge.

PER CURIAM.

Defendants-appellants, George Nightingale, Victor J. Spellman, and Dennis Lesiur, appeal convictions under 18 U.S.C. § 401 of criminal contempt following a bench trial on stipulated facts. Count One alleged as to each defendant that he had willfully refused to testify before the grand jury on December 1 and 9 as ordered by the district court. Count Two alleged a willful failure to obey an order of the foreman of the grand jury.

The stipulation...

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