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HYSTER COMPANY v. UNITED STATES

No. 19168.

338 F.2d 183 (1964)

HYSTER COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 4, 1964.

Attorney(s) appearing for the Case

Guy J. Rappleyea, Black & Apicella, Portland, Or., L. M. McBride, McBride, Baker, Wienke & Schlosser, Chicago, Ill., for appellant.

William H. Orrick, Jr., Asst. Atty. Gen., Irwin A. Seibel, Dept. of Justice, Washington, D. C., for appellee.

Before CHAMBERS, JERTBERG and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

Hyster Company attacks the constitutionality of the Antitrust Civil Process Act (76 Stat. 548, 15 U.S.C. §§ 1311-1314, Supp. 4, (1963)), and of a "civil investigative demand" issued under the Act and served upon Hyster. It also is claimed that the demand is invalid for non-compliance with the Act. The trial court upheld the Act and the demand in all respects. We are affirming.

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