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U.S. v. AYER

No. 397, Docket 88-6164.

866 F.2d 571 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Frederick B. AYER; Rita K. Ayer; Ritz Associates, Inc.; FBA, Inc.; Universal Aircraft Corporation; George Rowland; Donald Whitney; and Empire of America Savings Bank, Defendants, Appeal of Frederick B. AYER.

United States Court of Appeals, Second Circuit.

Decided January 25, 1989.

Attorney(s) appearing for the Case

Charles David Kreps, Jr., New York City (Lawrence S. Feld, Kostelanetz Ritholz Tigue & Fink, New York City, of counsel), for appellant.

Cynthia Keeffe Dunne, Asst. U.S. Atty., New York City (Edward T. Ferguson, III, Asst. U.S. Atty., Rudolph W. Giuliani, U.S. Atty. S.D. New York, New York City, of counsel) for plaintiff-appellee.

Before LUMBARD, WINTER and MINER, Circuit Judges.

MINER, Circuit Judge:

Appellant Frederick B. Ayer (Ayer II) appeals from an order of the United States District Court for the Southern District of New York (Owen, J.) holding him in civil contempt and directing him to serve a fifteen-day term of confinement. Ayer II contends that the order is criminal rather than civil because it lacks conditions by which he could purge himself of the contempt, and that he should have been afforded the substantive and procedural safeguards...

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