IN RE GRAND JURY INVESTIGATION


33 F.Supp. 367 (1940)

In re GRAND JURY INVESTIGATION.

District Court, M. D. North Carolina, Winston Salem Division.

On Reargument April 12, 1940.


Attorney(s) appearing for the Case

David Peck (of Sullivan & Cromwell), of New York City, J. Erle McMichael, of Winston Salem, N. C., Roy H. Callahan (of White & Case), of New York City, Ratcliff, Hudson & Ferrell, of Winston Salem, N. C., R. F. Feagans, of Chicago, Ill., Hammond Chaffetz, of Washington, D. C., Manly, Hendren & Womble and W. P. Sandridge, all of Winston Salem, N. C., E. Randolph Williams and Wirt P. Marks, Jr., both of Richmond, Va., Roy L. Deal, of Winston Salem, N. C., Thomas H. Willcox, of Norfolk, Va., Brooks, McLendon & Holderness, of Greensboro, N. C., C. B. Shaw, of Chicago, Ill., Brooks, McLendon & Holderness, of Greensboro, N. C., and Blake, Stim & Curran, of New York City, for Movants.

Carlisle W. Higgins, U. S. Atty., of Greensboro, N. C., Charles C. Pearce, Sp. Asst. to Atty. Gen., of Washington, D. C., John W. Aiken, Sp. Asst. to Atty. Gen., of Hickory, N. C., Thomas M. Logan, Sp. Asst. to Atty. Gen., of Covington, Ky., H. Lynden Schilz, Sp. Asst. to Atty. Gen., of Washington, D. C., Edward Dumbauld, Sp. Atty., of Uniontown, Pa., David Fields, Sp. Atty., of Sharon, Pa., Hal T. Gibson, Sp. Atty., of Chattanooga, Tenn., William H. Glenn, Sp. Atty., of Raeford, N. C., Ben R. Tillman, Sp. Atty., of Edgefield, S. C., and Edwin A. Sheehan, Sp. Atty., of Washington, D. C., for the United States.


HAYES, District Judge.

The subpoenas duces tecum1 served upon each movant are identical and were served on the custodian of corporate records at its home office and at numerous branch offices. The motions are to quash and vacate all of the subpoenas for that:

(a) The subpoena constitutes an unlawful and unreasonable search and seizure in violation to the Fourth Amendment to the United States Constitution;

(b) The subpoena...

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