Fleming

G. H. Love, Inc. v. Fleming

Good Law
161 F.2d 726·1947 U.S. App. LEXIS 2824
United States Court of Appeals for the Ninth CircuitMay 3, 1947No. 11149California1,106 words

Opinion

Lead Opinion

Stephens, J.

G. H. Love, Inc., the respondent in the trial court and appellant here, is a California corporation, doing a retail business in new and second-hand furniture and household furnishings. An order was issued by the District Court of the United States, Southern District of California, requiring the appellant to permit an inspection and copying of records and other documents of the corporation, described in the inspection requirement by the investigators of the Los Angeles District Office of the Office of Price Administration. The respondent appeals.

Appellant contends that the only authority to inspect its records is by the issuance of a subpoena duces tecum.

On ór about November 28, 1944, the Administrator began an investigation to determine whether the appellant had complied with the provisions of the Emergency Price Control Act and the Regulations thereunder. 50 U.S.C.A.Appendix, § 901 et seq. In course of the investigation, information relative to process charged for commodities sold by appellant was sought from an inspection of the records required to be kept by the act. An inspection requirement was issued and served, to the effect that appellant should direct and permit…

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