Hermann

Hermann v. Civil Aeronautics Board

Caution
237 F.2d 359·16 P.U.R.3d 191
United States Court of Appeals for the Ninth CircuitAugust 2, 1956No. 14778California2,058 words

Opinion

Lead Opinion

Fee, J.

This case is .related to the enforcement of ten . administrative subpoenas. *361 duces tecum served upon appellants in the course of a proceeding pending before a hearing examiner of the Civil Aeronautics Board'. 1 The period covered by the documents required under most of the subpoenas is thirty-eight months. The individual subpoenas are comprehensive of practically all records, books and documents of or concerning the companies engaged in Docket No. 6908. The recipients of the subpoenas here in question are officers or employees of the respondent companies in Docket No. 6908 for the most part. The remaining are independent contractors who perform accounting or advertising functions for some of these companies. The hearing examiner in the administrative proceeding ordered appellants to produce all of the documents called for in each of the subpoenas at his office in Los Angeles on a day certain. The objections of appellants and the respondents in Docket No. 6908 were overruled. Upon review, the action of the examiner was affirmed by the Civil Aeronautics Board. Thereupon, after appellants had failed to produce the documents, the Board brought this case in the District Court by…

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