RUTHERFORD v. UNITED STATES

No. 20377.

365 F.2d 353 (1966)

Robert E. RUTHERFORD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 11, 1966.


Attorney(s) appearing for the Case

R. Max Etter, Spokane, Wash., for appellant.

Donald F. Turner, Asst. Atty. Gen., Lionel Kestenbaum, John T. Marshall, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before HAMLEY, MERRILL and BROWNING, Circuit Judges.


HAMLEY, Circuit Judge:

In this proceeding Robert E. Rutherford was adjudged to be in contempt of court, and sentenced to imprisonment, for refusing to testify by way of deposition in a pending civil suit. Rutherford appeals, asserting that he was justified in declining to testify on his claim of privilege under the Fifth Amendment. We affirm.

Rutherford is an employee of Carnation Company of Washington (Carnation), a distributor of milk and milk products....

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