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UNITED STATES v. ANDERSON

No. 24317.

464 F.2d 1390 (1972)

UNITED STATES of America v. Charles ANDERSON. George W. Johnson, Jr., and Alberta Anderson, Witnesses, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1972.

Attorney(s) appearing for the Case

Mr. Charles A. Brady, New York City, for appellants. Mr. Melvin M. Burton, Jr., Washington, D. C., was on the brief for appellants.

Mr. John M. Brant, Atty., Tax Div., Dept. of Justice, of the bar the Supreme Court of New Hampshire, pro hac vice, by special leave of Court, for appellee. Mr. Johnnie M. Walters, Asst. Atty. Gen. at the time the brief was filed, Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, Crombie J. D. Garrett and John P. Burke, Attys., Tax Div., Dept. of Justice, were on the brief, for appellee. Mr. Lee A. Jackson, Atty., Tax Div., Dept. of Justice, also entered an appearance for appellee.

Before BAZELON, Chief Judge, SIMON E. SOBELOFF, Senior Circuit Judge for the Fourth Circuit, and McGOWAN, Circuit Judge.

SOBELOFF, Senior Circuit Judge:

At what stage of the litigation may a non-party witness have review of a district court order requiring him to testify over his objection that his answers may be self-incriminatory? We hold that an order compelling the testimony of a non-party witness is interlocutory and not appealable under 28 U.S.C. § 1291. Appellate review of the decision is available only by an appeal from a subsequent order of the district court adjudging...

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