United States v. Security State Bank and Trust, Dr. William R. Newton, Intervenors-Appellants

BELL, Circuit Judge:

Section 6(b) of the Commodity Exchange Act 1 gives the Secretary of Agriculture power to subpoena witnesses and documentary evidence “for the purpose of any investigation or proceeding” under the Act. 2 The statute provides that “in case of disobedience to a subpoena” the Secretary may invoke the aid of “any court of the United States.” 7 U.S.C.A. § 15; 49 U.S.C.A. § 12(2). This appeal presents questions concerning the circumstances in which a federal district court may propérly enforce a subpoena issued by the Secretary under § 6(b).

On August 11, 1971, an authorized agent…