In Re Grand Jury Proceedings. Appeal of David Morganstern and Fred Morganstern

LIVELY, Chief Judge.

The question in this case is whether a subpoena duces tecum requiring the production of partnership and corporate records should be quashed on the ground that production of the documents will violate the appellants’ Fifth Amendment privilege against compulsory self-incrimination. The district court denied the motion to quash and a panel of this court reversed, concluding that the appellants could not be required to produce the records in the absence of a grant of use immunity. In re Grand Jury Proceedings (Morganstern), 747 F.2d 1098 (6th Cir.1984). A majority of the…