CAPITOL PRODUCTS CORPORATION v. HERNON

No. 71-1304.

457 F.2d 541 (1972)

CAPITOL PRODUCTS CORPORATION, a Corporation, Judgment Creditor-Appellant, v. Frederick E. HERNON, Judgment Debtor-Appellee.

United States Court of Appeals, Eighth Circuit.

March 8, 1972.


Attorney(s) appearing for the Case

Robert M. Hamlett, Greenfield, Davidson & Mandelstamm, John L. Davidson, Jr., St. Louis, Mo., Arthur Berman, Berman & Boswell, Harrisburg, Pa., for Judgment Creditor-Appellant Capitol Products Corporation.

Jack H. Ross, Coleman, Ross & Cekovsky, Clayton, Mo., for appellee.

Before GIBSON and HEANEY, Circuit Judges, and VAN PELT, Senior District Judge.


HEANEY, Circuit Judge.

This direct appeal presents the question whether the District Court erred in permitting the defendant, a judgment debtor, to refuse to answer 105 questions put to him by the plaintiff judgment creditor, Capitol Products Corporation, in aid of execution of judgment. The defendant relied solely on his right against self-incrimination.

A judgment for $75,000, plus interest and attorneys' fees, was entered in the District Court on a jury...

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