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DONOVAN v. SPADEA

Nos. 84-1732, 84-1766.

757 F.2d 74 (1985)

DONOVAN, Raymond J., Secretary of Labor, United States Department of Labor v. SPADEA, Samuel, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 18, 1985.

Rehearing and Rehearing Denied April 12, 1985.

Attorney(s) appearing for the Case

Victor J. Van Bourg (argued), Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for appellant; David W. Elbaor, Connerton, Bernstein & Katz, Washington, D.C., of counsel.

Joan M. Roller (argued), Atty. U.S. Dept. of Labor, Marshall H. Harris, Regional Sol., Philadelphia, Pa., Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Edward T. Ellis, Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before HUNTER, HIGGINBOTHAM, Circuit Judges, and DEBEVOISE, District Judge.

Rehearing and Rehearing In Banc Denied April 12, 1985.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal arises from two orders of the United States District Court for the Eastern District of Pennsylvania. One ordered appellant Samuel Spadea to comply with a subpoena ad testificandum issued by the Department of Labor ("DOL"). The other held him in civil contempt of court for refusing to do so. Because we hold that the subpoena is...

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