Elmer J. Benes v. Sumner Canary, as United States Attorney

MILLER, Circuit Judge.

Appellant by this action sought to enjoin the United States Attorney for the Northern District of Ohio from using before the United States Commissioner, or the Grand Jury, or in any criminal proceeding, certain books and records of the appellant individually and of the E. J. Benes & Company, a corporation of which he was president, which appellant claims were illegally obtained by government agents. He asked that such documents be suppressed as evidence.

The claimed illegality is that appellant, relying upon the “voluntary disclosure” policy of the Secretary of the…