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CLEARY v. BOLGER

No. 57.

371 U.S. 392 (1963)

83 S.Ct. 385

9 L.Ed.2d 390

CLEARY v. BOLGER.

Supreme Court of United States.

Decided January 14, 1963.

Attorney(s) appearing for the Case

Irving Malchman argued the cause for petitioner. With him on the briefs was William P. Sirignano.

Joseph Aronstein, by appointment of the Court, post, p. 805, argued the cause and filed a brief for respondent.

John T. Casey and Benj. J. Jacobson filed a brief for the New York State District Attorneys Association, as amicus curiae.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This case draws in question the propriety of the issuance of a federal injunction restraining petitioner, a state officer, from giving evidence in a pending state criminal prosecution and a state administrative proceeding.

The facts, as found by the two lower courts, are as follows. About 8:30 one Saturday morning in September 1959 federal Customs officers observed...

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