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WIRTZ v. ROBINSON & STEPHENS, INC.

No. 22555.

368 F.2d 114 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. ROBINSON & STEPHENS, INC. and Henry A. Stephens, Sr., Appellees.

United States Court of Appeals Fifth Circuit.

October 31, 1966.

Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol., Dept. of Labor, Carin Ann Clauss, Atty., Dept. of Labor, Washington, D. C., Charles Donahue, Sol. of Labor, Robert E. Nagle, Atty., United States Dept. of Labor, Washington, D. C., for appellant.

Charles D. Read, Jr., Atlanta, Ga., Wotton, Long, Jones & Read, Charles D. Read, Jr., Atlanta, Ga., for appellees.

Before RIVES, BELL and THORNBERRY, Circuit Judges.

BELL, Circuit Judge:

The District Court dismissed the suit which is the subject matter of this appeal for failure of the Secretary to comply with a pre-trial order. The refusal to comply was based on a formal claim of privilege as the doctrine of privilege embraced the Secretary's dealings with informers. The specific question presented is whether the District Court erred in requiring the Secretary to designate, ten days...

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