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FREEMAN v. BROWN BROTHERS HARRIMAN AND COMPANY

No. 347, Docket 30335.

357 F.2d 741 (1966)

Orville L. FREEMAN, Secretary of Agriculture of the United States, Petitioner-Appellee, v. BROWN BROTHERS HARRIMAN AND COMPANY, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 8, 1966.

Attorney(s) appearing for the Case

Alan G. Blumberg, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York and Arthur S. Olick, Asst. U. S. Atty., New York City, on the brief), for petitioner-appellee.

Robert Fiske, Jr., New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, KAUFMAN, Circuit Judge, and FEINBERG, District Judge.

PER CURIAM:

The question for decision is whether the Secretary of Agriculture has authority to subpoena, under Section 10(h) of the Agricultural Marketing Agreement Act, 7 U.S.C. § 610(h), witnesses who are not themselves subject to the regulatory provisions of that act. Brown Brothers Harriman and Company, a private banking company, appeals from an order of the District Court for the Southern District of New York enforcing an administrative subpoena duces tecum...

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