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SMITH v. BUTTERWORTH

No. 88-3097.

866 F.2d 1318 (1989)

Michael SMITH, Plaintiff-Appellant, v. Robert A. BUTTERWORTH, Jr., T. Edward Austin, Jr., as State Attorney to the Charlotte County Special Grand Jury, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 27, 1989.

Attorney(s) appearing for the Case

Gregg D. Thomas, Holland & Knight, Tampa, Fla., for plaintiff-appellant.

George Waas, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendants-appellees.

Before VANCE and KRAVITCH, Circuit Judges and HENDERSON, Senior Circuit Judge.

VANCE, Circuit Judge:

Plaintiff Michael Smith appeals from the district court's entry of summary judgment for defendants. We reverse.

Appellant is a reporter for the Charlotte Herald-News in Charlotte County, Florida. On March 27, 1986, appellee T. Edward Austin, Jr., state attorney for Duval County and special prosecutor, called Smith to testify before a special grand jury investigating allegations of corruption in the Charlotte County state attorney...

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