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IN RE DEPT. OF INVESTIGATION OF CITY OF NEW YORK

No. 1645, Docket 88-1279.

856 F.2d 481 (1988)

In re DEPARTMENT OF INVESTIGATION OF the CITY OF NEW YORK, Appellant. UNITED STATES of America, v. Bess MYERSON, Carl Capasso, a/k/a "Andy Capasso," and Hortense W. Gabel, Hortense W. Gabel, Appellee.

United States Court of Appeals, Second Circuit.

Decided September 2, 1988.

Attorney(s) appearing for the Case

Stuart E. Abrams, Asst. U.S. Atty. for S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty. for S.D.N.Y., New York City, David N. Lawrence, John F. Savarese, Asst. U.S. Attys., Kevin J. Ford, Sp. Asst. U.S. Atty., of counsel), for amicus curiae U.S.

Doron Gopstein, First Asst. Corp. Counsel for City of New York, New York City (Peter L. Zimroth, Corp. Counsel for City of New York, Laurence A. Levy, David C. Bloomfield, Elizabeth I. Freedman, New York City, of counsel), for appellant.

Michael S. Feldberg, New York City (Steven N. Gerstein, Shea & Gould, New York City, of counsel), for appellee Hortense W. Gabel.

Before LUMBARD, MESKILL and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This is an appeal by the Department of Investigation of the City of New York ("DOI") from Judge Keenan's order adjudicating DOI in contempt for refusing to produce documents subpoenaed by defendant Judge Hortense Gabel pursuant to Fed.R.Crim.P. 17(c). This adjudication followed our opinion denying appellant's petition for a writ of mandamus. In re Dep't of Investigation of the City of New York, 851 F.2d 65

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