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MILLER v. TRANSAMERICAN PRESS, INC.

Nos. 82-5539, 82-5585.

709 F.2d 524 (1983)

Murray W. MILLER, Plaintiff, Appellant, Cross-Appellee, v. TRANSAMERICAN PRESS, INC., et al., Defendants, Appellees, Cross-Appellants, and Sam Steiger, Deponent, Appellee, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

Charles L. Babcock, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., for Transamerican Press.

Glynn W. Gilcrease, Jr., Tempe, Ariz., for Murray W. Miller.

Before WRIGHT, CANBY, and BOOCHEVER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from an order denying a motion to compel a deponent's testimony. The major issue is whether a nonparty former Congressman may invoke the speech or debate privilege as to questions about material he inserted into the Congressional Record.

FACTS

An article appeared in the June 1972 issue of Overdrive Magazine implying that Miller, a union pension fund trustee, had misappropriated funds. In 1973...

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