Childs v. Schlitz

Decision Date22 June 1977
Docket NumberNo. 76-2417,76-2417
Citation556 F.2d 1178
PartiesJohn C. CHILDS et al., Plaintiffs, Lester Matz and Jerome B. Wolff, Appellants, v. Paul R. SCHLITZ, Clerk, United States District Court for the District of Maryland, Individually, and in his official capacity, et al., Appellees.
CourtU.S. Court of Appeals — Fourth Circuit

Paul F. Strain, Baltimore, Md. (Arnold M. Weiner and J. Frederick Motz, Baltimore, Md., on brief) for appellants.

Robert J. Aumiller, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. Jon F. Oster, Deputy Atty. Gen. of Md., Baltimore, Md., on brief) for appellees.

Before WINTER, BUTZNER and HALL, Circuit Judges.

PER CURIAM:

Given immunity under 18 U.S.C. § 6002 and required to testify in a criminal case, Lester Matz and Jerome B. Wolff, both professional engineers, asserted in the district court that the Maryland Board of Registration for Professional Engineers and Professional Land Surveyors could not properly consider such testimony in determining whether to revoke their licenses to practice their profession. To do so, they assert, would violate their rights under the fifth amendment and the protection afforded by the federal immunity statute.

In a well reasoned opinion, the district court correctly rejected plaintiffs' contentions. Childs v. McCord, 420 F.Supp. 428 (D.Md.1976). We adopt the opinion as our own and affirm the judgment.

AFFIRMED.

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20 cases
  • Agnew v. State
    • United States
    • Court of Special Appeals of Maryland
    • June 1, 1982
    ...or not renewed by the Board. As the Court said in Childs v. McCord, 420 F.Supp. 428 (D.Md.1976), 25 aff'd sub nom., Childs v. Schlitz, 556 F.2d 1178 (4th Cir. 1977), an action by Messrs. Matz, Wolff, Childs and others seeking a declaratory judgment that compelled testimony could not be used......
  • Fulginiti v. Cape May County Sheriff's Dept.
    • United States
    • New Jersey Superior Court — Appellate Division
    • February 25, 1985
    ...409 U.S. 1037, 93 S.Ct. 512, 34 L.Ed.2d 486 (1972) (removal of judge); Childs v. McCord, 420 F.Supp. 428 (D.Md.1976), aff'd o.b. 556 F.2d 1178 (4th Cir.1977) (revocation of engineers' We find the rationale of such cases analogous to the disciplinary proceedings brought against Fulginiti as ......
  • U.S. v. (Under Seal)
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • June 23, 1986
    ...469 (7 Cir.), cert. denied, 434 U.S. 829, 98 S.Ct. 110, 54 L.Ed.2d 89 (1977); Childs v. McCord, 420 F.Supp. 428 (D.Md.1976), aff'd, 556 F.2d 1178 (4 Cir.1977). Our conclusion also accords with the holdings in In re Parker, 411 F.2d 1067, 1070 (10 Cir.1969), vacated as moot, 397 U.S. 96, 90 ......
  • Roach v. National Transp. Safety Bd.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • November 5, 1986
    ...Tennessee Board of Pharmacy); Childs v. McCord, 420 F.Supp. 428, 434 (D.Md.1976), aff'd. and opinion adopted, sub nom. Childs v. Schlitz, 556 F.2d 1178 (4th Cir.1977) (same; engineer's professional misconduct hearings).We also point out that the general witness immunity statutes applicable ......
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