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NATIONAL LABOR RELATIONS BOARD v. DUVAL JEWELRY COMPANY OF MIAMI

No. 16180.

257 F.2d 672 (1958)

NATIONAL LABOR RELATIONS BOARD, Appellant, v. DUVAL JEWELRY COMPANY OF MIAMI, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 18, 1958.

Attorney(s) appearing for the Case

Norton J. Come, Atty., N.L.R.B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Lloyd R. Fraker, Chief Law Officer, 10th Region, N.L.R.B., Atlanta, Ga., for appellant.

Theo Hamilton, Jacksonville, Fla., for appellees.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

RIVES, Circuit Judge.

The district court, 141 F.Supp. 860, refused to enforce and, to the contrary, quashed five subpoenas duces tecum issued by the Board pursuant to Section 11(1) of the National Labor Relations Act, 29 U.S.C.A. § 161, on the grounds that (1) they were unreasonable, burdensome, and oppressive, and (2) that they were not issued upon application of a "party" to the proceedings before the Board,

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