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BILLERA v. MITCHELL

Misc. Nos. 1972, 1978.

166 F.Supp. 701 (1958)

Anthony BILLERA and Ignatius Billera, doing business as Universal Pants Company: Universal Pants Company, Inc., and Anthony Billera, Ignatius Billera, James Billera and Carlo Billera, individually and as officers of Universal Pants Company, Inc., Plaintiffs, v. James P. MITCHELL, Secretary of Labor of the United States of America, Defendant. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. Anthony BILLERA and Ignatius Billera, doing business as Universal Pants Company: Universal Pants Company, Inc., and Anthony Billera, Ignatius Billera, James Billera and Carlo Billera, individually and as officers of Universal Pants Company, Inc., Defendants.

United States District Court E. D. Pennsylvania.

September 3, 1958.

Attorney(s) appearing for the Case

Irving W. Coleman, Northampton, Pa., for plaintiff Anthony Billera and others.

Stuart Rothman, Solicitor, John J. Babe, Asst. Solicitor, Washington, D. C., and Ernest N. Votow, Regional Atty., Philadelphia, Pa., for defendant and plaintiff James P. Mitchell.

LEAHY, District Judge.

Plaintiffs move to quash or modify a subpoena under Rule 45(b) of the Federal Rules of Civil Procedure, 28 U.S.C. in No. 1972, while defendant, as plaintiff in No. 1978, seeks an order directing compliance with the subpoena duces tecum. Both motions will be treated together.

On January 29, 1958 proceedings were started by the Secretary of Labor against Anthony Billera and Ignatius Billera...

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