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IN RE GRAND JURY SUBPOENA DUCES TECUM SERVED UPON UNDERHILL

Nos. 85-5127, 85-5134.

781 F.2d 64 (1986)

In re GRAND JURY SUBPOENA DUCES TECUM SERVED UPON Randall UNDERHILL, d/b/a East Side Motors (85-5127, W.D.). In re GRAND JURY PROCEEDINGS, Ward MASSEY (85-5134, E.D.), Petitioners-Appellees, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 13, 1986.

Rehearing and Rehearing Denied February 27, 1986.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Robert Michael Murphy, Lexington, Ky., Ronald E. Meredith, U.S. Atty., Louisville, Ky., David P. Grise, Office of Consumer Litigation, Civil Div., U.S. Dept. of Justice, Leonard Schaitman (Lead), Douglas Letter (argued), U.S. Dept. of Justice, Washington, D.C., for the U.S.

Larry G. Bryson (argued), London, Ky., for Massey.

Randall Underhill, pro se.

Gary R. Haverstock (argued), for Underhill.

Before KRUPANSKY and MILBURN, Circuit Judges and HIGGINS, District Judge.

Rehearing and Rehearing En Banc Denied February 27, 1986.

MILBURN, Circuit Judge.

In this consolidated appeal, we are asked to decide whether sole proprietors operating automobile dealerships, who are required by law to maintain and make available to federal officials and to their transferees odometer statements for motor vehicles they buy and sell, are protected by the Fifth Amendment bar against self-incrimination from producing the odometer statements in...

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