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IN RE GRAND JURY PROCEEDINGS

No. 85-6165.

773 F.2d 1071 (1985)

In re GRAND JURY PROCEEDINGS. UNITED STATES of America, Petitioner-Appellee, v. Jonathan GARRETT, Witness-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 11, 1985.

Attorney(s) appearing for the Case

Philip A. DeMassa, San Diego, Cal., for appellant.

Patrick K. O'Toole, Asst. U.S. Atty., on the brief, Peter K. Nunez, U.S.Atty., San Diego, Cal., for appellee.

Before WRIGHT, GOODWIN and ALARCON, Circuit Judges.

PER CURIAM:

Jonathan Garrett appeals the district court's judgment holding him in civil contempt for refusing to testify before the grand jury. He argues that he has demonstrated just cause for his refusal to testify based on his claim that he has been subjected to illegal electronic surveillance.

A grand jury witness may refuse to answer questions based on the illegal interception of his communication. 18 U.S.C. § 3504; Gelbard v. United States,<...

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