VON DER HEYDT v. ROGERS

No. 13855.

251 F.2d 17 (1958)

Eduard VON DER HEYDT, Libertas, S. A., and Ratio, S. A., Appellants, v. William P. ROGERS, Attorney General of the United States, and Ivy Baker Priest, Treasurer of the United States, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 2, 1958.


Attorney(s) appearing for the Case

Mr. Isadore G. Alk, Washington, D. C., with whom Mr. Sidney S. Sachs, Washington, D. C., was on the brief, for appellant.

Mr. Myron C. Baum, Attorney, Department of Justice, with whom Mr. George B. Searls, Attorney, Department of Justice, was on the brief, for appellees. Mr. Irwin A. Seibel, Attorney, Department of Justice, also entered an appearance for appellees.

Before EDGERTON, Chief Judge, and BASTIAN and BURGER, Circuit Judges.


PER CURIAM.

The District Court granted appellee's motion to dismiss appellant's complaint for failure to produce documents and records for which an order to produce had been made. Before ruling on the motion, the District Court heard testimony for nine days and received numerous exhibits, all presumably bearing on the issues of materiality of the records sought, the possession and control of these records by appellant, appellant's actions constituting refusal to produce...

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