In re a Grand Jury Subpoena Served on Germann

*708MEMORANDUM

COOPER, District Judge.

This motion seeks to vacate, pursuant to Rule 60(b) (4), F.R.Civ.P. and Rule 57(b), F.R.Crim.P., this Court’s judgment of August 15, 1966 finding petitioner in civil contempt for his failure to appear before the Grand Jury on May 31, 1966.

On July 13, 1966, by order to show cause, the Government moved to hold petitioner in contempt. A hearing was held before this Court on August 15, 1966. Petitioner, though receiving notice thereof, did not attend. The basic facts as found by the Court are not in dispute.

Petitioner, a Swiss citizen, was personally served in New…