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FEDERAL MARITIME COM'N v. PORT OF SEATTLE

No. 74-1393.

521 F.2d 431 (1975)

FEDERAL MARITIME COMMISSION, Petitioner-Appellant, v. PORT OF SEATTLE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 31, 1975.

Attorney(s) appearing for the Case

Eloise E. Davies, Atty. (argued), Dept. of Justice, Washington, D. C., for petitioner-appellant.

Peter D. Byrnes (argued), Seattle, Wash., for respondent-appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and ORRICK, District Judge.

OPINION

ORRICK, District Judge:

This case presents a question we had thought settled by the Supreme Court thirty-five years ago, namely, whether a district court has jurisdiction to deny the enforcement of a subpoena issued by an administrative agency on the ground that the agency lacked jurisdiction over the subject matter of the inquiry. Since the Supreme Court has held that a district court's function in enforcing an administrative subpoena extends no...

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