Flavorland Industries, Inc. v. United States

ORDER

The federal Grand Jury in Seattle subpoenaed discovery materials possessed by Flavorland Industries, Inc. consisting of depositions taken of its employees and responses to interrogatories which were a part of discovery in a state court antitrust action between private parties. Flavorland is .one of several meat packers being sued in King County, Washington. On June 2, 1977, Superior Court Judge Robert M. Elston issued a protective order which prevents the disclosure of any document, including depositions, to any one other than a party to the state court action. Flavorland refused to produce the depositions and interrogatories to the Grand Jury and Judge William J. Lindberg held the corporation in civil contempt, and ordered it to produce. This appeal followed.

Flavorland’s non-compliance was that it believed the subpoena exceeded the Grand Jury’s authority and that it was against Flavorland’s interest to produce the material. Additionally, it notes that the materials sought are the subject of Judge Elston’s protective order.

This Court has no desire to issue an order which would have the effect of contravening any purpose of Judge Elston in preserving the orderly process…