L. C. Chapman, Manager of the Regional Office of the Veterans Administration v. Maren Elwood College

Good Law
225 F.2d 230·1955 U.S. App. LEXIS 4635
United States Court of Appeals for the Ninth CircuitApril 25, 195514057_1California2,528 words

Opinion

Opinion

Fee, J.

This is a proceeding in the United States District Court to enforce an administrative subpoena issued to Maren Elwood College by the Manager of a Regional Office of the Veterans Administration, commanding the production forthwith of five different classes of records of the college covering a period of about eight years.

There was no testimony offered in the trial court. The agency filed affidavits showing the issuance of and failure to obey the administrative subpoena. The college filed affidavits claiming to show the unreasonableness of the action by the agency.

The court held that the subpoena duces tecum issued by the Veterans Administration and served upon the college demanded the production of records beyond the period for which such records may be required to be produced, thereby exceeding the authority of the Veterans Administration, and that therefore the subpoena was void. The court refused enforcement, and the Manager appeals.

It is eminently clear the statute gives authority for issuance of subpoena in all matters over which the Veterans Administration has jurisdiction. In view of the responsibilities of that agency in the administration of the educational and…

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