BLACK PANTHER PARTY v. SMITH

No. 80-1302.

661 F.2d 1243 (1981)

The BLACK PANTHER PARTY, et al., Appellants, v. William French SMITH, Attorney General of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1981.


Attorney(s) appearing for the Case

Bruce J. Terris, Washington, D. C., with whom Susan B. Drake, Washington, D. C., was on the brief, for appellants.

Larry L. Gregg, Atty., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Washington, D. C., at the time the brief was filed, Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., at the time the brief was filed, and Barbara H. Herwig and R. Joseph Sher, Attys., Dept. of Justice, Washington, D. C., were on the brief, for all appellees except George C. Moore and William C. Sullivan.

William L. Stauffer, Jr., Washington, D. C., for appellee George C. Moore.

Bennett Boskey, Washington, D. C., entered an appearance for appellee Edward Levi.

Before WRIGHT, MACKINNON, and GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Opinion concurring in part and dissenting in part filed by Circuit Judge MACKINNON.

J. SKELLY WRIGHT, Circuit Judge:

In this appeal we confront a number of issues relating to pretrial procedure, including the important question whether civil litigants may refuse to respond to interrogatories on the ground of constitutional privilege. The case began when the Black Panther Party (the Party...

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