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MATTER OF FRED R. WITTE CENTER GLASS NO. 3

No. 76-3061.

544 F.2d 1026 (1976)

In the Matter of the Grand Jury Subpoena of FRED R. WITTE CENTER GLASS NO. 3. Fred R. WITTE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 26, 1976.

Attorney(s) appearing for the Case

Clyde R. Maxwell (argued), of Newport Beach, Cal., for petitioner-appellant.

Thomas M. Coffin, Asst. U. S. Atty., San Diego, Cal. (on the brief), Terry J. Knoepp, U. S. Atty., San Diego, Cal., for respondent-appellee.

Before TRASK, SNEED and KENNEDY, Circuit Judges.

SNEED, Circuit Judge:

Fred R. Witte appeals from an order of the district court finding him to be a recalcitrant witness within the meaning of 28 U.S.C. § 1826(a) because he "refused without just cause to produce documents know as the `Teerlink' work papers" before a grand jury as directed by a subpoena issued August 13, 1976 and served August 18, 1976. The work papers referred to in the subpoena were prepared by Richard...

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