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UNITED STATES v. MACKEY

No. 81-1190.

647 F.2d 898 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Robert MacKEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 1981.

Attorney(s) appearing for the Case

Donald H. Steier, Los Angeles, Cal., for defendant-appellant.

Leon W. Weidman, Kendra, McNally, Los Angeles, Cal., William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Andrea Limmer, Margaret G. Halpern, Washington, D. C., for plaintiff-appellee.

Before WRIGHT, KENNEDY and FARRIS, Circuit Judges.

PER CURIAM:

On May 4, 1981, the judges of this motion panel affirmed the district court's contempt order. We indicated that an opinion would follow.1

This appeal was taken under 28 U.S.C. § 1826 from a district court order holding MacKey, a defendant in a Sherman Act price-fixing case, in contempt for his refusal to produce documents subpoenaed by the government. MacKey asserted a Fifth Amendment privilege and also argued...

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