TOBIN v. UNITED STATES

No. 16604.

306 F.2d 270 (1962)

Austin J. TOBIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1962.

Petition for Rehearing Denied July 2, 1962.

Certiorari Denied November 13, 1962.


Attorney(s) appearing for the Case

Mr. Thomas E. Dewey, New York City, with whom Messrs. Everett I. Willis, Lino A. Graglia and Sidney Goldstein, New York City, were on the brief, for appellant.

Mr. William Hitz, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., were on the brief, for appellee. Mr. Charles T. Duncan, Principal Asst. U. S. Atty., also entered an appearance for appellee.

Mr. Daniel M. Cohen, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Jerome M. Alper, Washington, D. C., was on the brief, for State of New York, as amicus curiae, urging reversal.

Mr. Theodore I. Botter, Trenton, N. J., of the bar of the Supreme Court of New Jersey, pro hac vice, by special leave of court, for State of New Jersey as amicus curiae. Mr. William F. Tompkins, Newark, N. J., was on the brief for State of New Jersey, as amicus curiae, urging reversal.

Mr. J. Raymond Clark, Philadelphia, Pa., filed a brief on behalf of the New York Chamber of Commerce, as amicus curiae, urging reversal.

Mr. Jerome M. Alper, Washington, D. C., filed a brief on behalf of the State of Delaware, as amicus curiae, urging reversal.

Mr. Jerome M. Alper, Washington, D. C., filed a brief on behalf of the State of Alabama, and others, as amici curiae, urging reversal.

Before WILBUR K. MILLER, Chief Judge, and DANAHER and BASTIAN, Circuit Judges.


Petition for Rehearing En Banc Denied July 2, 1962.

Certiorari Denied November 13, 1962. See 83 S.Ct. 206.

BASTIAN, Circuit Judge.

Austin J. Tobin, the Executive Director of the Port of New York Authority, was charged by information and convicted in the District Court of criminal contempt of Congress, under 2 U.S.C.A. § 192, for refusing to produce certain documents called for by a subpoena issued by Subcommittee No. 5 of the Committee on the...

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