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F. D. I. C. v. SOVEREIGN STATE CAPITAL, INC.

No. 77-2184.

557 F.2d 683 (1977)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee, v. SOVEREIGN STATE CAPITAL, INC., Defendant, and C. Arnholt Smith, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 18, 1977.

Attorney(s) appearing for the Case

Thomas R. Sheridan, Simon & Sheridan, Los Angeles, Cal., argued for defendant-appellant; Douglas G. Simon, Los Angeles, Cal., appeared.

Thomas W. Reavley, Bronson, Bronson & McKinnon, San Francisco, Cal., argued for plaintiff-appellee.

Before HUFSTEDLER, WRIGHT and KENNEDY, Circuit Judges.

PER CURIAM:

Smith appeals from an order holding him in civil contempt for refusing, on Fifth Amendment grounds, to answer a series of questions propounded to him in the course of supplementary proceedings conducted by his judgment creditor, appellee Federal Deposit Insurance Corporation ("FDIC"). Because we conclude that Smith was exonerated from answering by his proper assertion of the Fifth Amendment privilege, we vacate the contempt order and remand the case to...

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