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PORT v. HEARD

No. 84-2523.

764 F.2d 423 (1985)

Bernard and Odette PORT, Petitioners-Appellants, v. Jack HEARD, Sheriff of Harris County, Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 1, 1985.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, Tex., for petitioners-appellants.

Brad Beers, Calvin A. Hartmann, Jim Lavine, William J. Delmore, III, Asst. Dist. Attys., Houston, Tex., for respondent-appellee.

Before WISDOM, WILLIAMS, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

Found to be in contempt of a Texas court for refusing to testify before a Texas grand jury, fined $500 each, and confined in the Harris County jail, Bernard and Odette Port petitioned the district court for release by habeas corpus. The Ports challenge the contempt judgments on two grounds: that their testimony was privileged by a parent-child testimonial privilege, and that it was privileged under the Fifth Amendment despite the...

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