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In re Tecum

filed: August 26, 1992.

IN RE SUBPOENAS DUCES TECUM DATED MARCH 16, 1992; STEPHEN H. MARCUS; FRANDZEL & SHARE, A LAW CORPORATION; AND THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR PARKER NORTH AMERICAN CORPORATION, APPELLANTS,
v.
MICHAEL E. PARKER, APPELLEE. UNITED STATES OF AMERICA, PLAINTIFF, V. MICHAEL E. PARKER DEFENDANT.



Appeal from the United States District Court for the Central District of California. DC No. CR-91-165-RMT. Robert M. Takasugi, District Judge, Presiding.

Before: Tang and Hall, Circuit Judges and Jensen,*fn* District Judge.

MEMORANDUM

The appeal is hereby dismissed for lack of jurisdiction. The district court's denial of the motion to quash the subpoena is an interlocutory order and, as such, is not appealable. Does I through IV (In re Grand Jury Subpoenas Dated Dec. 10, 1987), 926 F.2d 847, 852-53 (9th Cir. 1991). Marcus and the law firm must be cited for contempt for failure to comply with the subpoena before appellate jurisdiction will attach. See id. at 853.

The exception permitting the holder of an attorney/client privilege (such as the Official Committee of Unsecured Creditors for Parker North American Corporation) to appeal when the subpoena is directed to a third party does not apply when the target of the subpoena is an attorney currently representing the client. Id. ; Doe v. United States (In re Grand Jury Subpoena Dated June 5, 1985), 825 F.2d 231, 237 (9th Cir. 1987); United States v. Niren (In re Grand Jury Subpoena Served upon Niren), 784 F.2d 939, 941-42 (9th Cir. 1986).*fn1

We decline to treat the appeal as a petition for a writ of mandamus. An appeal from a contempt citation constitutes an adequate alternative avenue for relief. See Bauman v. United States, 557 F.2d 650, 654-55 (9th Cir. 1977) (listing criteria for treating an appeal as a petition for writ of mandamus).

The appeal is

DISMISSED.

Disposition

DISMISSE ...


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