Legal Opinion
Andover Data Services, a Division of Players Computer, Inc. v. Statistical Tabulating Corporation, Appeal of Walter B. Schwer, Witness
Court of Appeals for the Second Circuit
Decided June 2, 1989No. 672, Docket 88-7849PublishedCited by 19 opinions
1Opinion of the Court
PIERCE, Circuit Judge:
The issue presented on this appeal is narrow and straightforward: May a district court compel the testimony of a non-party witness in a civil action, notwithstanding the assertion of a valid fifth amendment claim, by issuing a Rule 26(c) protective order which purports to limit prosecutorial access to the compelled testimony? Because it is clear to us that the protections of a Rule 26(c) order are not co-extensive with those of the fifth amend ment, we conclude that this novel question must be answered in the negative.
BACKGROUND
The essential facts relevant to this appeal…
2Cases cited11 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- Brown v. WalkerSupreme Court of the United States · 1896
- Pillsbury Co. v. ConboySupreme Court of the United States · 1983
- In re DaleyCourt of Appeals for the Seventh Circuit · 1977
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Madanes v. MadanesDistrict Court, S.D. New York · 2001
- United States v. Certain Real Property & Premises Known as 1344 Ridge RoadDistrict Court, E.D. New York · 1989
- In Re Grand Jury Proceedings, (Billy J. Williams, Gj88-1) v. United StatesCourt of Appeals for the Eleventh Circuit · 1993
- United States v. Talco Contractors, Inc.District Court, W.D. New York · 1994
- Madanes v. MadanesDistrict Court, S.D. New York · 1999
14 more not listed; retrieve them via the Exa API.