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Housek sued Arabian for assault. Housek stated during deposition that he had consulted with a Dr. Lifshutz for a six-month period approximately 10 years earlier. Arabian subpoenaed Dr. Lifschutz. The Dr. appeared and refused to answer any questions or to produce any documents. Housek had neither expressly claimed nor waived a psychotherapist-patient privilege. The Dr. was found in contempt and ordered confined. The Dr. filed a writ of habeas corpus.

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