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U.S. v. WAKSBERG

No. 95-5165.

112 F.3d 1225 (1997)

UNITED STATES of America, Appellee v. Morry WAKSBERG, M.D., and Morry Waksberg, M.D., Inc., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 1997.

Attorney(s) appearing for the Case

Erwin Chemerinsky, Los Angeles, CA, argued the cause for appellants. With him on the briefs was Paul J. Weiner, Los Angeles, CA.

W. Mark Nebeker, Assistant U.S. Attorney, Washington, DC argued the cause for appellee. With him on the brief were Eric H. Holder, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney, Washington, DC.

Daniel J. Popeo, Utica, NY, Richard A. Samp, Arlington, VA, Arthur B. Spitzer, and Daniel I. Prywes, Washington, DC, were on the brief for amici curiae the Washington Legal Foundation and the American Civil Liberties Union of the National Capital Area in support of appellants.

Before RANDOLPH, ROGERS, and TATEL, Circuit Judges.

Opinion of the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This appeal raises a question which, for prudential reasons, we will not decide at this time — whether, upon finding the United States in contempt for violating an injunction, a federal court may order the government to pay a compensatory fine despite its claim of sovereign immunity. The question is new to this court and to decide it we would have to resolve a dispute about...

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