The following excerpt is from U.S. v. Edgerton, 734 F.2d 913 (2nd Cir. 1984):
We perceive only two colorable reasons for rejecting appellant's claim of privilege in the instant case, but we find both to be without merit. First, in view of the court's earlier order rejecting any Fifth Amendment privilege with respect to the production of documents prepared by third parties, it might appear anomalous at first blush to permit appellant to refuse to answer questions regarding their existence. 8 That, however, is precisely the case before us. Appellant was foreclosed from objecting to compelled production of documents prepared by third parties by virtue of the unappealed enforcement order. At no time, however, was he foreclosed from objecting to the giving of answers to questions, whether about those records or others. The district court's enforcement order expressly so states. And that is the teaching of Curcio v. United States, 354 U.S. 118 (1957).
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