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United States v. Cuthbertson

630 F.2d 139 (1980)

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United States v. Cuthbertson

United States Court of Appeals for the Third Circuit
630 F.2d 139 (1980)

Facts

A broadcast of 60 Minutes, produced by CBS, Inc., investigated fast-food franchising and reported on Wild Bill’s Family Restaurants (Wild Bill’s). Later, a federal jury indicted several principals of Wild Bill’s (the principals) (defendants) on one count of conspiracy and 19 counts of fraud based on Wild Bill’s franchising operation. The principals served a subpoena duces tecum on CBS for production of investigators’ notes, unused recordings, and other documents about preparations for the broadcast. CBS moved to quash the subpoena. The district court decided to modify the order to require CBS to produce to the court for in camera inspection any statements of witnesses CBS intended to call at trial. The district court judge sought the information to prepare a determination of privilege in advance of trial. The principals served a second subpoena, which demanded the production of statements made by approximately 100 nonwitnesses. The district court denied this subpoena and modified it so CBS was ordered to produce the statements to the court directly rather than to the principals. CBS informed the court it would not comply with either production order, so the district court held CBS in contempt of court. CBS appealed the contempt citation.

Rule of Law

Issue

Holding and Reasoning (Seitz, C.J.)

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