IN RE GRAND JURY PROCEEDINGS

No. 84-5235.

771 F.2d 143 (1985)

In re GRAND JURY PROCEEDINGS. Appeal of David MORGANSTERN and Fred Morganstern.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1985.


Attorney(s) appearing for the Case

Shelby C. Kinkead, Jr., argued, Bulleit, Kinkead, Irvin & Reinhardt, Lexington, Ky., for appellants.

Louis DeFalaise, U.S. Atty., Barbara Edelman, argued, Lexington, Ky., for appellee.

Before LIVELY, Chief Judge, and ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, JONES, CONTIE, KRUPANSKY, WELLFORD and MILBURN, Circuit Judges.


LIVELY, Chief Judge.

The question in this case is whether a subpoena duces tecum requiring the production of partnership and corporate records should be quashed on the ground that production of the documents will violate the appellants' Fifth Amendment privilege against compulsory self-incrimination. The district court denied the motion to quash and a panel of this court reversed, concluding that the appellants could not be required to produce the records in the absence...

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