James D. Harris v. United States

ORDER

Before BARNES, ELY and HUF-STEDLER, Circuit Judges.

James D. Harris, petitioner, seeks a stay of the subpoena duces tecum directed to the California Canadian Bank which required the production of copies of deposits and withdrawals from a trust fund established with said bank by petitioner, an attorney. A motion to quash was made in the district court pending an appeal from the order of the Hon. William P. Gray, United States District Judge, entered April 1, 1969, denying the said motion to quash the said subpoena.

Application made in the district court before the same judge to stay the order pending appeal was denied on the same date.

It apparently is conceded that the first three items called for in the subpoena, namely the signature card, the bank ledger sheets and the deposit slips, are not subject to the motion to quash. No stay of their production is necessary nor appropriate, and we order none.

The same cannot be said of the next and last three items listed in the subpoena ((d), (e) and (f), p. 2, Application for Stay) relating to copies or microfilms of checks deposited or paid during 1964. Petitioner claims the originals of these checks are privileged; are his,…