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IN RE MASTER KEY LITIGATION

Nos. 73-1783, 73-1830.

507 F.2d 292 (1974)

In re MASTER KEY LITIGATION. States of ILLINOIS et al., Plaintiffs-Appellants and Appellees, v. Edward H. McCULLOCH, Witness-Appellee and Appellant.

United States Court of Appeals, Ninth Circuit.

November 26, 1974.

Attorney(s) appearing for the Case

Aaron M. Peck (argued) of McKenna, Fitting & Finch, Los Angeles, Cal., for plaintiffs-appellants and appellees.

Lee A. Freeman, Jr., of Freeman, Freeman, & Salzman (argued), Chicago, Ill., for witness-appellee and appellant.

Before BROWNING, CARTER and CHOY, Circuit Judges.

OPINION

JAMES M. CARTER, Circuit Judge.

This appeal arises from the refusal of a witness, on grounds of self-incrimination, to answer questions upon an oral deposition taken in a civil antitrust action. Pursuant to Fed.R.Civ.P. 37, plaintiffs filed a motion to compel the testimony of the witness, Edward H. McCulloch. Pursuant to Fed.R.Civ.P. 26(c) and 30(d), McCulloch moved for a protective order terminating the deposition entirely. The district court denied...

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