UNITED STATES v. COURTNEY

No. 398, Docket 24185.

236 F.2d 921 (1956)

UNITED STATES of America, Appellee, v. Sam COURTNEY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 20, 1956.


Attorney(s) appearing for the Case

Delaney & Donoghue, New York City (Joseph Leary Delaney, New York City, of counsel), for defendant-appellant.

Paul W. Williams, U. S. Atty. for Southern Dist. of New York, New York City (Arthur H. Christy, Herbert M. Wachtell, Asst. U. S. Attys., New York City, Fioravante G. Perrotta, Asst. U. S. Atty., Lynbrook, N. Y., Charles H. Miller, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.


FRANK, Circuit Judge.

1. The government, in support of the judge's order, argues thus: Since defendant initially explained that he refused to answer because the answers would impair his business and harm other persons, his subsequent refusal, on Fifth Amendment grounds, was in bad faith and, on that account, should be disregarded. We do not agree. If he was clearly entitled to assert the privilege, his motives for doing so are immaterial. See Taft, J., in Ex parte...

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