United States v. Terminal R. Ass'n
U.S. Circuit Court for the District of Eastern Missouri
In Equity. On motion to quash subpoena duces tecum. This is an action under the Sherman anti-trust act to enjoin the defendants from continuing in an unlawful combination to fix passenger rates, etc.
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In Equity. On motion to quash subpoena duces tecum. This is an action under the Sherman anti-trust act to enjoin the defendants from continuing in an unlawful combination to fix passenger rates, etc. Upon an ex parte application of the complainant the court directed the issuance of a subpoena duces tecum directed to J. E. Hannegan, who is not a party to the action, to appear before the special master to whom the cause had been referred and produce there certain books 'and documents described in the petition for the subpoena, to be used as testimony. The witness, having been duly served with…
1Opinion of the CourtTrieber, District Judge
(after stating the facts). The description of the documents and books called for is specific enough to enable the witness to produce them without any inconvenience. It is not so general as to warrant the inference that they are wanted merely for a *269“fishing examination.” For this reason that ground of the motion to quash cannot be sustained.
The important question to be determined is whether, on an application for a subpoena duces tecum, it is sufficient for the mover to allege merely “that the documents desired are material and relevant to the issue in that cause,” as alleged in the petition,…
2Cases cited10 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- Ex parte BrownSupreme Court of Missouri · 1880
- Dancel v. Goodyear Shoe Machinery Co.U.S. Circuit Court for the District of Massachusetts · 1904
- United States v. BabcockU.S. Circuit Court for the District of Eastern Missouri · 1876
- Crocker-Wheeler Co. v. BullockU.S. Circuit Court for the District of Southern Ohio · 1904
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3Cited by7 opinions
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
- In re Eastman Kodak Co.District Court, W.D. New York · 1947
- Trombetta v. Van AmringeNew York Supreme Court · 1935
- Van Dyke v. DoughtyMichigan Supreme Court · 1913
- State ex rel. Ozark Cooperage & Lumber Co. v. WurdemanMissouri Court of Appeals · 1913
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