Legal Opinion

In the Matter of Frank Kitchen, a Witness Subpoenaed Before the Grand Jury

Court of Appeals for the Second Circuit

Decided April 27, 1983No. 1308, Docket 83-6083PublishedCited by 36 opinions

1Opinion of the Court

FEINBERG, Chief Judge:

In a little over four months this court has been presented with three different appeals from judgments of the United States District Court for the Eastern District of New York holding in civil contempt under 28 U.S.C. § 1826(a) (1976) witnesses who claimed not to remember the information sought by a grand jury. In this most recent appeal, as in In re Bongiorno, 694 F.2d 917 (2d Cir.1982) and In re Weiss, 703 F.2d 653 (2d Cir.1983), the witness contends that the government failed to prove by clear and convincing evidence that his testimony was false and evasive. Appellant…

2Cases cited13 opinions

  1. In Re OliverSupreme Court of the United States · 1948
  2. Ex Parte HudgingsSupreme Court of the United States · 1919
  3. In Re MichaelSupreme Court of the United States · 1945
  4. In Re JOHN DOE CORPORATION. JOHN DOE CORPORATION, Appellant, v. UNITED STATES of America, AppelleeCourt of Appeals for the Second Circuit · 1982
  5. United States v. Mark Lawrence AlterCourt of Appeals for the Ninth Circuit · 1973

8 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. United States v. The Southland Corporation and S. Richmond Dole and Eugene Mastropieri, the Southland Corporation, Eugene MastropieriCourt of Appeals for the Second Circuit · 1985
  2. United States v. Local 1804-1, International Longshoremen's Ass'nCourt of Appeals for the Second Circuit · 1995
  3. United States of America, Appellee-Cross-Appellant v. Patrick J. Cunningham, Defendant-Appellant-Cross-Appellee, and John J. SweeneyCourt of Appeals for the Second Circuit · 1983
  4. United States of America, and Ann Marie Govine, Revenue Officer, Internal Revenue Service v. David Edwin EdgertonCourt of Appeals for the Second Circuit · 1984
  5. United States v. Ernest Mendel and Albert Mendel & Son, IncorporatedCourt of Appeals for the Second Circuit · 1984

31 more not listed; retrieve them via the Exa API.

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