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MITCHELL v. JOHNSON

Nos. 17833, 17834.

274 F.2d 394 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. L. H. JOHNSON, d/b/a L. H. Johnson Wholesale Company, Appellee. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. J. Grady MADDEN, d/b/a J. G. Madden, Contractor, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 3, 1960.

Attorney(s) appearing for the Case

Robert E. Nagle, Atty., Bessie Margolin, Asst. Sol., Dept. of Labor, Washington, D. C., Earl Street, Regional Atty., Dept. of Labor, Dallas, Tex., Harold C. Nystrom, Acting Sol. of Labor, Sylvia S. Ellison, Atty., Dept. of Labor, Washington, D. C., for James P. Mitchell.

Arthur C. Watson, Watson, Williams & Brittain, Natchitoches, La., for L. H. Johnson.

John T. Campbell, Campbell, Campbell & Marvin, Minden, La., for J. Grady Madden.

Before JONES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

In these two § 17 injunction proceedings1 filed by the Secretary of Labor, the question presented is whether the District Court properly dismissed the cases2 under the coercive sanction of F.R.Civ.P. 37(b) (2) (iii), 28 U.S.C.A., for failure of the Secretary to produce statements of all persons interrogated in the presuit investigation.

In reaching the negative conclusion...

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