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DE LURY v. HOGAN

31 Misc.2d 702 (1961)

John J. De Lury, as President of Uniformed Sanitationmen's Association, Local 831, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Plaintiff, v. Frank S. Hogan, as District Attorney of the County of New York, Defendant.

Supreme Court, Special Term, New York County.

October 26, 1961

Attorney(s) appearing for the Case

Morris Weissberg for plaintiff. Frank S. Hogan, District Attorney, defendant in person, and Angelo T. Cometa for defendant.

CHARLES A. LORETO, J.

Plaintiff moves for a temporary injunction restraining the District Attorney from requiring plaintiff to deliver its books and records to the District Attorney pursuant to a subpœna duces tecum.

There can be no question that the subpœna was validly issued by the October Term of the New York County Grand Jury, which heard testimony in a "John Doe" proceeding concerning...

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