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U.S. v. COMLEY

No. 89-1680.

890 F.2d 539 (1989)

UNITED STATES of America, Petitioner, Appellee, v. Stephen B. COMLEY, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided November 29, 1989.

Attorney(s) appearing for the Case

Ernest C. Hadley, Wareham, Mass., for respondent, appellant.

Paul G. Levenson, Asst. U.S. Atty., Somerville, Mass., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief for petitioner, appellee.

Before BOWNES, BREYER and SELYA, Circuit Judges.

BOWNES, Circuit Judge.

This is an appeal from an order of the district court enforcing an administrative subpoena served on appellant Stephen B. Comley by the Nuclear Regulatory Commission ("NRC" or "Commission"). The subpoena seeks tape recordings or transcripts prepared by Comley of telephone conversations between Comley and an NRC employee who is the subject of an NRC investigation. Comley challenges the Commission's authority to issue the subpoena and also contends...

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