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IN RE WOMACK

No. 71-1782.

466 F.2d 555 (1972)

In re John Alexander WOMACK and James Andrew Robinson, Witnesses Before the Special February, 1971 Grand Jury. UNITED STATES of America ex rel. John Alexander WOMACK and James Andrew Robinson, Relators-Appellants, v. John C. MEISZNER, United States Marshal for the Northern District of Illinois, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 10, 1972.

Rehearing Denied August 28, 1972.

Attorney(s) appearing for the Case

Edward J. Calihan, Jr., Chicago, Ill., Antonio M. Gassaway, Chicago, Ill., for relators-appellants John Alexander Womack and James Andrew Robinson.

Sidney M. Glazer, Kenneth L. Greenman, Attys., U. S. Department of Justice, Washington, D. C., James R. Thompson, U. S. Atty., Chicago, Ill., Ronald G. Scheraga, Attys., United States Dept. of Justice, Washington, D. C., Sheldon Davidson, Special Atty., United States Dept. of Justice, for respondent-appellee.

Before SWYGERT, Chief Judge, and STEVENS and SPRECHER, Circuit Judges.

PER CURIAM.

This appeal requires us to determine the scope of applicability of Gelbard v. United States, 408 U.S. 41, 92 S.Ct. 2357, 33 L.Ed.2d 179 (1972).

In March, 1971, the relators, Womack and Robinson, appeared as witnesses in response to subpoenas before a grand jury of the Northern District of Illinois investigating interstate gambling. Each refused to testify on grounds of self-incrimination and was given "transactional...

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