Opinion
No. 26453.
November 13, 1970.
Richard W. McLaren, Asst. Atty. Gen. Antitrust Division, Howard E. Shapiro, Chief, Appellate Section, U.S. Dept. of Justice, Washington, D.C., Gilbert Pavlovsky, Dept. of Justice, San Francisco, Cal., for petitioner.
William Dwyer, of Culp, Dwyer, Guterson Grader, James L. Magee, of MacBride, Sax MacIver, Peter D. Byrnes, of Bogle, Gates, Dobrin, Wakefield Long, Payne Karr, George W. Martin, Dan Riviera, Paul Fetterman, of Helsell, Paul, Fetterman, Todd Hokanson, George M. Hartung, of LeSourd, Patten Slemmons, Seattle, Wash., for respondents.
George H. Boldt, U.S. District Judge, Seattle, Wash., nominal respondent.
Before HAMLEY, ELY, and WRIGHT, Circuit Judges.
The Petition For a Writ of Mandamus, filed herein on September 21, 1970, is denied.
The District Court's Order of September 22, 1970, temporarily staying further discovery and pre-trial proceedings, will remain in effect until December 15, 1970, when certain new and pertinent legislation will become effective. See Organized Crime Control Act of 1970, Pub.L. No. 91-452, Title II 84 Stat. 922 (Oct. 15, 1970), reprinted in 39 U.S.L.W. Statutes 33, 34 (Oct. 20, 1970). The District Court may thereafter reconsider the propriety of its Orders of July 17 20, 1970.
If the Government should undertake to prosecute the one witness who may have given deposition testimony in reliance upon the District Court's Order granting immunity, then the District Court may, and this court will, if necessary, consider the validity of any such attempted prosecution.