In Re Folding Carton Antitrust Litigation. Appeal of R. Harper Brown, Deponent

This appeal arises from a district court order holding R. Harper Brown in civil contempt. Brown asserted a fifth amendment privilege and refused to answer questions propounded at a civil deposition after the court had ordered him to testify. He argues on appeal that he had “just cause” to assert the privilege because never having been granted immunity, prosecution remained possible. This court has jurisdiction under 28 U.S.C. § 1291 and the proceeding is governed by the recalcitrant witness statute. 1 This court stayed execution of the district court’s commitment order pending disposition of…