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IN RE MELVIN

No. 77-1004.

550 F.2d 674 (1977)

In re James Francis MELVIN.

United States Court of Appeals, First Circuit.

Decided February 9, 1977.

Attorney(s) appearing for the Case

Martin G. Weinberg, Boston, Mass., with whom Judith H. Mizner and Oteri & Weinberg, Boston, Mass., were on brief for appellant.

Robert B. Collings, Asst. U. S. Atty., Chief, Crim. Div., Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief for appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal presents the question whether it is within a grand jury's power to order a person suspected of a crime to participate in a lineup.1 Appellant is a suspect in the August 19, 1975, armed robbery of the West Yarmouth Branch of the First National Bank of Yarmouth. In connection with the grand jury's investigation, appellant was subpoenaed in March, 1976, and requested by the grand jury to submit...

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