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SAN ANTONIO TELEPHONE COMPANY, INC. v. AMERICAN TELEPHONE & TELEGRAPH COMPANY

No. 74-4163.

529 F.2d 694 (1976)

SAN ANTONIO TELEPHONE COMPANY, INC., et al., Plaintiffs-Appellees, v. AMERICAN TELEPHONE & TELEGRAPH COMPANY et al., Defendants, James H. Ashley, et al., Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 8, 1976.

Attorney(s) appearing for the Case

Pat Maloney, Jack Pasqual, San Antonio, Tex., for appellants.

Joel W. Westbrook, San Antonio, Tex., J. Robert Sheehy, Philip E. McCleery, Waco, Tex., for San Antonio Tel.

A. W. Worthy, San Antonio, Tex., for Gulf Tel.

Edward M. Johnson, Asst. U. S. Atty., Dept. of Justice, San Antonio, Tex., for the U. S.

Before TUTTLE, THORNBERRY and TJOFLAT, Circuit Judges.

PER CURIAM:

This appeal deals only with a judgment of civil contempt against a recalcitrant witness in discovery proceedings and his counsel who advised him not to comply with the trial court's order to appear and produce records. The order appealed from recited the fact that the witness and counsel had failed and refused to appear and testify and produce documents in accordance with the command of a subpoena duces tecum. It is undisputed that this finding is correct...

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