Provenzano

Provenzano v. Porter

Good Law
159 F.2d 47·1946 U.S. App. LEXIS 2498
United States Court of Appeals for the Ninth CircuitDecember 3, 1946No. 11294California897 words

Opinion

Lead Opinion

Healy, J.

Appellant is sole proprietor of the O. K. Plumbing Company which does business in Las Vegas, Nevada. In February 1946 employees of the Office of Price Administration attempted to inspect his business records and were refused access to them. Thereafter a subpoena duces tecum was issued over the signature of the district director of the Office of Price Administration at Reno commanding appellant to appear at its local office in Las Vegas to testify concerning his methods of arriving at cost and selling price for sales made and service rendered during the year 1945 and the month of January 1946 and to produce employees’ individual time-cards and payroll records, sales and general ledgers, and other records, indicative of his methods of arriving at such cost and selling price for the period mentioned. Appellant declined to testify or to produce the records.

The Administrator, pursuant to § 202(c) of the Price Control Act, 50 U.S.C.A.Appendix, § 922(c), thereupon petitioned the court for an order compelling obedience. After a hearing the court ordered the production of the records and data called for in the subpoena. The case is here on appeal from this order.

Appellant’s primary…

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