U.S. v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO.

No. 88-3520.

862 F.2d 464 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Defendant-Appellee, The Shipbuilders Council of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 5, 1988.


Attorney(s) appearing for the Case

Peter Rolf Maier (John R. Bolton, Asst. Atty. Gen., Washington, D.C., Henry E. Hudson, U.S. Atty., Alexandria, Va., Leonard Schaitman, Appellate Staff, Civil Div., U.S. Dept. of Justice; John J. Quill, Kirk Moberley, Defense Contract Audit Agency, Washington, D.C., on brief), for plaintiff-appellant.

John G. DeGooyer (K. Martin Worthy, Maureen Duignan, Theodore A. Howard, Helen Marie Lardner, Hopkins, Sutter, Hamel & Park, Washington, D.C., on brief), for defendant-appellee.

Before MURNAGHAN, WILKINSON and WILKINS, Circuit Judges.


WILKINSON, Circuit Judge:

This case concerns the scope of the subpoena power of the Defense Contract Audit Agency. DCAA seeks to subpoena the federal income tax returns, financial statements, and supporting schedules of Newport News Shipbuilding and Dry Dock Company, a large defense contractor. Because the order of the district court denying enforcement of the subpoena unduly restricts DCAA's statutory subpoena power, we reverse the order and remand for further proceedings...

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