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MARTIN TYPEWRITER CO. v. WALLING

No. 3878.

135 F.2d 918 (1943)

MARTIN TYPEWRITER CO. v. WALLING, Adm'r of Wage and Hour Division, Dept. of Labor.

Circuit Court of Appeals, First Circuit.

May 21, 1943.

Attorney(s) appearing for the Case

Abraham Breitbard, of Portland, Me. (Wilfred A. Hay, of Portland, Me., of counsel), for appellant.

Morton Liftin, of Washington, D. C. (Bessie Margolin, of Washington, D. C., Vernon C. Stoneman, of Boston, Mass., and Irving J. Levy, Acting Sol., and Morton H. Rowen, Atty., United States Department of Labor, of Washington, D. C., of counsel), for appellee.

Before MAHONEY and WOODBURY, Circuit Judges, and WYZANSKI, District Judge.

PER CURIAM.

The appellee, alleging on information and belief that the appellant was engaged "in the business of producing goods for interstate commerce, and engaged in interstate commerce", applied to the court below for an order requiring the appellant to appear and show cause why an order should not issue requiring it to comply with subpoena duces tecum which the appellee had prepared and served on the appellant but which it had ignored. The court issued the order...

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