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F.T.C. v. ALASKA LAND LEASING, INC.

No. 85-2361.

778 F.2d 577 (1985)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. ALASKA LAND LEASING, INC., Defendant. Linda Kane, Non-Party Deponent-Appellant.

United States Court of Appeals, Tenth Circuit.

December 2, 1985.

Attorney(s) appearing for the Case

Frederick E. Dooley, Jr., F.T.C., Washington, D.C. (Claude C. Wild, III, F.T.C., Denver, Colo.; George E. Schulman, F.T.C., Los Angeles, Cal.; Marcy J.K. Tiffany, Ernest J. Isenstadt, F.T.C., Washington, D.C., on brief), for plaintiff-appellee.

Terence P. Boyle (Diane M. Blieszner, on briefs), of O'Connor & Hannan, Denver, Colo., for non-party deponent-appellant.

Before McKAY, SEYMOUR and MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This is an appeal from an order compelling a non-party witness, Linda Kane (Kane), to testify upon oral deposition and to produce documents requested in a discovery subpoena. Kane contends under the peculiar circumstances of this case the act of producing those documents will violate her Fifth Amendment self-incrimination right, and compelling her testimony is contrary to the marital privilege. We decline consideration of these issues...

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