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COWLES COMMUNICATIONS, INC. v. DEPARTMENT OF JUSTICE

No. C-70-1599.

325 F.Supp. 726 (1971)

COWLES COMMUNICATIONS, INC., Plaintiff, v. DEPARTMENT OF JUSTICE, John N. Mitchell, et al., Defendants.

United States District Court, N. D. California.

April 26, 1971.

Attorney(s) appearing for the Case

Cooper, White & Cooper, Charles W. Kenady, R. Barry Churton, San Francisco, Cal., for plaintiff.

James L. Browning, Jr., U. S. Atty., Steven Kazan, Asst. U. S. Atty., San Francisco, Cal., for defendants.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Plaintiff (hereafter Cowles) in the course of defense of a libel action, Alioto v. Cowles Communications, Inc., sought to secure by subpoena duces tecum records in the office of the Director of Immigration and Naturalization Service relating to one Salvatore Marino. The Immigration officers, acting upon instructions from the Attorney General, refused to produce the records. Now anticipating another trial...

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