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I. C. C. v. GOULD

No. 79-2556.

629 F.2d 847 (1980)

INTERSTATE COMMERCE COMMISSION, Appellee, v. James R. GOULD, doing business as Brokers for Agricultural Cooperative Associations, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 30, 1980.

Attorney(s) appearing for the Case

Edward J. Schwabenland, Asst. U. S. Atty., Robert J. Cindrich, U. S. Atty., Pittsburgh, Pa., M. Faith Angell (argued), Regional Counsel, Bureau of Investigations and Enforcement, I.C.C., Philadelphia, Pa., Peter M. Shannon, Jr., Director, Bureau of Investigations and Enforcement, I.C.C., Washington, D. C., for appellee.

Donald J. Willy (argued), Donald J. Willy & Associates, Sewickley, Pa., for appellant.

Before ROSENN, GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This is an appeal from an order of the district court which granted summary judgment in favor of the Interstate Commerce Commission (ICC) on its petition to require James Gould to allow ICC agents access to his business records. We conclude that the ICC possesses statutory authority to examine Gould's records. Nevertheless, Gould has raised a substantial question regarding the protection afforded him by the fifth...

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