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IN RE CORRUGATED CONTAINER ANTITRUST LITIGATION

No. 1126, Docket No. 80-1090.

644 F.2d 70 (1981)

In re CORRUGATED CONTAINER ANTITRUST LITIGATION, M.D.L. No. 310. Appeal of Phillip L. FLEISCHACKER, Deponent.

United States Court of Appeals, Second Circuit.

Finally Submitted November 12, 1980.

Decided March 2, 1981.

Attorney(s) appearing for the Case

Barry T. McNamara, Chicago, Ill. (Peter Petrakis, LaDonna Loitz Chuchro, O'Brien, Carey, McNamara, Scheuneman & Campbell, Ltd., Chicago, Ill., Edward W. Zawacki, Baskin & Sears, New York City, of counsel), for deponent-appellant.

Lowell E. Sachnoff, Chicago, Ill. (Andrew M. Schatz, Barry S. Rosen, Charles R. Watkins, Sachnoff, Schrager, Jones, Weaver & Rubenstein Ltd., Chicago, Ill., Vance K. Opperman, McGovern, Opperman & Paquin, Minneapolis, Minn., Stephen D. Susman, Gary McGowan, Mandell & Wright, Houston, Tex., Robert N. Kaplan, Richard J. Kilsheimer, Kaplan, Kilsheimer & Foley, New York City, of counsel), for plaintiffs-appellees.

Sanford M. Litvack, Asst. Atty. Gen. of the United States, Washington, D.C., Robert B. Nicholson, Nancy C. Garrison, Dept. of Justice, Washington, D.C., for the United States of America as amicus curiae.

Before MULLIGAN and MESKILL, Circuit Judges, and HOLDEN, District Judge.

MESKILL, Circuit Judge:

This is an appeal from an order holding appellant, Phillip Fleischacker, in civil contempt for refusing to answer questions asked at a deposition in a civil antitrust action about his involvement in a price-fixing scheme in the corrugated paper container industry.

In 1977 Fleischacker was subpoenaed to appear before a federal grand jury which was investigating alleged antitrust violations in the corrugated paper container industry....

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