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MATTER OF PARRISH

No. 574, Docket 85-1321.

782 F.2d 325 (1986)

In the Matter of Milton PARRISH. UNITED STATES of America, Appellant, v. Milton PARRISH, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 21, 1986.

Attorney(s) appearing for the Case

Warren Neil Eggleston, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., New York City, on the brief), for appellant.

Noah A. Kinigstein, New York City, for appellee.

(Linda Backiel and Margaret Ratner, New York, N.Y., submitted a brief on behalf of the Center for Constitutional Rights as amicus curiae.)

Before VAN GRAAFEILAND, NEWMAN, and MINER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This is an appeal by the United States from an order of the District Court for the Southern District of New York (Whitman Knapp, Judge) discharging Milton Parrish, a recalcitrant grand jury witness, from confinement for civil contempt. Judge Knapp concluded that, after incarceration for seven months, there was no "`realistic possibility that continued confinement might cause [Parrish] to testify.'" In re Parish

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