James D. Harris v. United States

This is an appeal from the denial by the district court of appellant’s motion to quash a subpoena duces tecum. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Perlman v. United States, 247 U.S. 7, 12-13 , 38 S.Ct. 417 , 62 L.Ed. 950 (1918); Continental Oil Company v. United States, 330 F.2d 347 , 9 A.L.R.2d 1413 (9 Cir. 1964).

The subpoena in question directed an official of the California Canadian Bank to appear before a grand jury and produce the following records of the Bank regarding a trustee account in the name of appellant James D. Harris, an attorney: (a) signature card, (b) all bank ledger sheets for the account for 1964, (c) all deposit slips for the account for 1964, (d) copies of all checks deposited to the account during 1964, (e) copies of all checks drawn on and paid from the account for 1964, and (f) microfilm copies of (d) and (e), if any of such records were not available except on bank microfilm.

A motion panel of this court issued an order staying compliance with the subpoena as to items (d), (e) and (f), pending the determination of the appeal from the order of the district court of April 1, 1969, denying the motion to quash said subpoena; ordering that…