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IN RE GRAND JURY PROCEEDINGS

No. 84-1058.

727 F.2d 941 (1984)

In re GRAND JURY PROCEEDINGS. Ray M. VARGAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

On Rehearing March 14, 1984.

Attorney(s) appearing for the Case

Leo Romero, Albuquerque, N.M. (William S. Dixon, Rodey, Dickason, Sloan, Akin & Robb, P.A., and R. Raymond Twohig, Jr., Deaton & Twohig, Albuquerque, N.M., with him on the brief), for appellant.

William L. Lutz, U.S. Atty., Albuquerque, N.M. (Richard J. Smith, Albuquerque, N.M., Asst. U.S. Atty., with him on the brief), for appellee.

Dan A. McKinnon, III, of Marron, McKinnon & Ewing, and Michael B. Browde, Albuquerque, N.M., amicus curiae, urging reversal, on behalf of the State Bar of New Mexico.

Before McWILLIAMS, McKAY and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

This is an appeal from a final order of the district court in which the appellant, Ray M. Vargas, was cited for contempt of court and ordered confined. His confinement was stayed pending resolution of this appeal. Mr. Vargas, an attorney, was cited for contempt for refusing to produce the files of his client, Sangre de Cristo, Community Mental Health Service, Inc., to the grand jury. The grand jury is investigating fraud involving federal government...

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