The following excerpt is from Bacon v. United States, 446 F.2d 667 (9th Cir. 1971):
The validity of appellant's arrest and detention as a material witness is involved in a separate appeal and will be disposed of in a separate opinion. However, assuming, but not deciding, that such arrest and detention is invalid, we do not agree that it "tainted" the immunity and contempt proceedings. See Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541 (1952). In addition to the material witness restraint, appellant also appeared before the grand jury under the compulsion of a subpoena which is not challenged.
The order under review is affirmed. A petition for rehearing will not be entertained.
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