IN RE GRAND JURY PROCEEDINGS

No. 93-35333.

5 F.3d 397 (1993)

In re GRAND JURY PROCEEDINGS. James Richard SCARCE, Witness-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 17, 1993.


Attorney(s) appearing for the Case

Jeffry K. Finer, Finer & Pugsley, Spokane, WA, for witness-appellant.

Frank A. Wilson, Asst. U.S. Atty., Spokane, WA, for appellee.

Laurel H. Siddoway, Randall & Danskin, Spokane, WA, Michael B. Trister, Lichtman, Trister, Singer & Ross, Washington, DC, for amicus.

Before: HUG, WIGGINS, THOMPSON, Circuit Judges.


HUG, Circuit Judge:

James Richard Scarce, a Ph.D. student at the Washington State University, refused to answer certain questions propounded to him by a federal grand jury on the ground that he was entitled to a "scholar's privilege" under the First Amendment and the common law, akin to that of a reporter. On April 6, 1993, the district court rejected this claim and held Scarce in civil contempt pursuant to 28 U.S.C. § 1826 (Supp.1984). We affirmed the district...

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