In Re Grand Jury Proceedings. Appeal of Robert W. Brown, Witness

Robert W. Brown, an attorney, was held in contempt of court for failing to comply with a grand jury subpoena duces tecum. Brown appeals from a later order in which the district court allowed the Government to withdraw the subpoena but refused to vacate the contempt order. We direct the district court to vacate the contempt order, but we affirm its decision to deny Brown costs and attorney’s fees.

On February 25,1977, a grand jury investigating possible income tax violations by one of Brown’s clients subpoenaed records held by Brown. Brown refused to produce the records despite a court order…