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IN RE CUSTODIAN OF RECORDS OF VARIETY DISTRIBUTING

Nos. 90-5646, 90-5662.

927 F.2d 244 (1991)

In re Trial Subpoena Duces Tecum to CUSTODIAN OF RECORDS OF VARIETY DISTRIBUTING, INC. UNITED STATES of America, Plaintiff-Appellee, v. ELLWEST STEREO THEATRES OF MEMPHIS, INC. d/b/a Executive South; Charles Long; Rodney Skinner; and Diane Wells, Defendants, Charles Mello (90-5646), Witness-Appellant, Elliot Siegel (90-5662), Witness-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 26, 1991.

Attorney(s) appearing for the Case

W. Hickman Ewing, Jr., U.S. Atty., Dan Newsom, Asst. U.S. Atty. (argued), Memphis, Tenn., for U.S.

Kemper B. Durand (argued), Thomason, Hendrix, Harvey, Johnson, Mitchell, Blanchard, Memphis, Tenn., for Charles Mello.

John H. Weston, Beverly Hills, Cal., for Elliot Siegel.

Before KEITH and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Appellant Charles Mello, a witness in the obscenity trial of United States v. Ellwest Stereo Theatres of Memphis, Inc., appeals the district court's charge of contempt of court for refusing as custodian of records of Variety Distributing, Inc. to produce records subpoenaed by plaintiff-appellee, the United States. Appellant Elliot Siegel, also a witness in the trial of defendant Ellwest Stereo, appeals the district court's charge...

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