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UNITED STATES v. SECURITY STATE BANK AND TRUST

No. 72-2337.

473 F.2d 638 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. SECURITY STATE BANK AND TRUST, Defendant-Appellant, Dr. William R. Newton et al., Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

February 5, 1973.

Attorney(s) appearing for the Case

Pat Dooley, Richard Hoerster, Fredericksburg, Tex., for defendant-appellant.

Barry K. Bishop, Donald Scott Thomas, Jr., Austin, Tex., for intervenors-appellants.

William S. Sessions, U. S. Atty., C. J. Calnan, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, BELL and COLEMAN, Circuit Judges.

BELL, Circuit Judge:

Section 6(b) of the Commodity Exchange Act1 gives the Secretary of Agriculture power to subpoena witnesses and documentary evidence "for the purpose of any investigation or proceeding" under the Act.2 The statute provides that "in case of disobedience to a subpoena" the Secretary may invoke the aid of "any court of the United States." 7 U.S.C.A. § 15; 49 U.S.C.A. § 12(2). This...

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