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FREEMAN v. BROWN BROTHERS HARRIMAN AND COMPANY

250 F.Supp. 32 (1966)

Orville L. FREEMAN, Secretary of Agriculture of the United States, Petitioner, v. BROWN BROTHERS HARRIMAN AND COMPANY, Respondent.

United States District Court S. D. New York.

February 3, 1966.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for petitioner; Alan G. Blumberg, Asst. U. S. Atty., of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for respondent.

Fromer, Stein & Berko, New York City, for owner of Account 104, appearing with permission of the Court; Martin A. Fromer, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge:

The Secretary of Agriculture moves to compel enforcement of a subpoena duces tecum against respondent banking corporation, Brown Brothers Harriman and Company. Respondent opposes enforcement contending that the Secretary lacks authority to subpoena persons not subject to regulation under the Agricultural Marketing Agreement Act (the Act) (7 U.S.C. § 601 et seq.). The respondent also maintains the subpoena is invalid because...

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