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ROGERS TRANSP., INC. v. STERN

Nos. 84-3493, 84-5556.

763 F.2d 165 (1985)

ROGERS TRANSPORTATION, INC., Petitioner, No. 84-3493, v. Honorable Herbert J. STERN, U.S.D.J. for the District of New Jersey, Respondent. UNITED STATES of America and Scott R. Hammond, Special Agent, Internal Revenue Service v. ROGERS TRANSPORTATION, INC., Appellants, No. 84-5556.

United States Court of Appeals, Third Circuit.

Argued May 6, 1985.

Decided May 29, 1985.

Attorney(s) appearing for the Case

Justin P. Walder (argued), Dominic J. Aprile, John A. Brogan, Walder, Sondak, Berkeley & Brogan, P.A., Roseland, N.J., for petitioner.

Glenn L. Archer, Jr., Asst. Atty. Gen., Gary R. Allen, Acting Chief, Appellate Section, Michael L. Paup, Charles E. Brookhart (argued), Thomas M. Preston, Tax Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Before ALDISERT, Chief Judge, and SEITZ, ADAMS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER, BECKER and MANSMANN, Circuit Judges.

Argued In Banc May 6, 1985.

OPINION OF THE COURT

ALDISERT, Chief Judge.

Although the contents of a document may not be privileged under the fifth amendment, the act of producing or authenticating the document may be privileged. This terse summary of the law originated with Fisher v. United States, 425 U.S. 391, 410, 96 S.Ct. 1569, 1581, 48 L.Ed.2d 39 (1976), and was confirmed in United States v. Doe,...

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