Hunt Foods and Industries, Inc. v. Federal Trade Commission

Hunt Foods and Industries, Inc., appeals from a district court order enforcing a subpoena duces tecum issued by the Federal Trade Commission. The district court order was issued pursuant to an opinion reported in Federal Trade Commission v. Hunt Foods and Industries, Inc., 178 F.Supp. 448 .

Prior to the issuance of the subpoena the Commission instituted an investigation (Federal Trade Commission File No. 5810044) to determine whether Hunt or its predecessors were violating section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C.A. § 45 , or section 2 (a) and (d) of the Clayton Act, as amended, 15 U.S.C.A. § 13 (a) (d).

In the course of this investigation the Commission issued and thereafter served upon Hunt by registered mail the subpoena in question. By this subpoena Hunt was directed to appear before named attorney-examiners of the Commission at Hunt’s place of business in Fullerton, California, on an indicated date. The company was directed to there testify and produce certain specified books, papers and documents relating to the investigation. On the return day of the subpoena Hunt appeared by its secretary accompanied by an attorney and “upon advice of counsel”…