U.S. v. CONSTRUCTION PRODUCTS RESEARCH, INC.

No. 342, Docket 95-6067.

73 F.3d 464 (1996)

UNITED STATES of America, Petitioner-Appellee, v. CONSTRUCTION PRODUCTS RESEARCH, INC.; Five Star Products, Inc.; and H. Nash Babcock, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 2, 1996.


Attorney(s) appearing for the Case

Michael F. McBride, LeBoeuf, Lamb, Greene & MacRae, L.L.P., Washington, D.C. (Deirdre G. Johnson, LeBoeuf, Lamb, Greene & MacRae, L.L.P., Washington, D.C.; Harold James Pickerstein, Trager and Trager, Fairfield, CT; Eugene R. Fidell, Mark M. Brandsdorfer, Feldesman, Tucker, Leifer, Fidell & Bank, Washington, D.C., of counsel), for Respondents-Appellants.

Katherine S. Gruenheck, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, DC (Frank W. Hunger, Assistant Attorney General, Christopher F. Droney, United States Attorney, Barbara C. Biddle, Attorney, Appellate Staff Civil Division, Department of Justice, Charles E. Mullins, Senior Attorney, Office of the General Counsel, Washington, DC, of counsel), for Petitioner-Appellee.

Before: NEWMAN, Chief Judge, ALTIMARI, and McLAUGHLIN, Circuit Judges.


McLAUGHLIN, Circuit Judge:

The Nuclear Regulatory Commission ("NRC") issued a subpoena, requiring Construction Products Research, Inc. ("CPR"), Five Star Products, Inc. ("Five Star"), and their Custodian of Records, H. Nash Babcock (together, "Respondents") to produce employment records of certain employees and other employment-related documents. Respondents moved before the NRC to quash the subpoena, but their motion was denied. Asserting that the NRC lacked authority...

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