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MATTER OF SEPER

No. 82-5772.

705 F.2d 1499 (1983)

In the Matter of Jerry SEPER, Non-Party Witness. UNITED LIQUOR COMPANY, Plaintiff, v. Gary GARD and Ira John Doe, Defendants. UNITED LIQUOR COMPANY, Plaintiff-Appellant, v. Jerry SEPER, Witness-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1983.

Attorney(s) appearing for the Case

James Powers, Nancy J. Beck, Fennemore, Craig, vonAmmon, Udall & Powers, Phoenix, Ariz., for plaintiff-appellant.

James P. Loss, Asst. U.S. Atty., James F. Henderson, Gust, Rosenfeld, Divelbess & Henderson, Phoenix, Ariz., S. Martin Teel, Jr., Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Dept. of Justice, Washington, D.C., for witness-appellee.

Before CANBY and NORRIS, Circuit Judges and LUCAS, District Judge.

CANBY, Circuit Judge:

United Liquor Company (United) appeals a summary judgment dismissing its complaint. United argues that the district court erroneously deprived it of critical evidence by upholding witness Jerry Seper's claim of fifth amendment privilege. We affirm.

FACTS

Internal Revenue agent Gary Gard supervised an audit of United. In December 1978, two stories in a Phoenix newspaper reported some details of the federal investigation. Both...

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