Norman Kronick v. United States
Opinion
Opinion
Hamley, J.
Norman Kronick was convicted of criminal contempt pursuant to Rule 42 (a), Federal Rules of Criminal Procedure, and appeals to this court. The conviction followed Kronick’s refusal, on a claim of privilege against self-incrimination, to obey a court order that he answer questions propounded of him as a witness in an action then on trial.
The action in question is entitled United States v. Flynn-Lerner, et al., Civil No. 2109, District of Hawaii. It involves two claims, the first being for liquidated damages under section 209 of the Federal Property and Administrative Services Act of 1949, 63 Stat. 392 , 40 U.S.C. § 489 (1958). The second, and alternative claim, brought under section 4 of the Clayton Act, 38 Stat. 371 (1914), 15 U.S.C. § 15 (1958), is for damages resulting from asserted violations of sections 1 and 3 of the Sherman Act, 26 Stat. 209 (1890), as amended, 15 U.S.C. §§ 1 , 3 (1958).
Kronick, a former officer of National Metals, Ltd., one of the defendants in the action just described, was subpoenaed by the Government and called as its first witness at the trial. He gave fully responsive answers to a variety of questions.