Eagerton v. Klingler

BRADLEY, Judge.

On June 3, 1983 the Alabama Supreme Court, 438 So.2d 307, affirmed that aspect of the decision of this court, 438 So.2d 302, upholding the constitutionality of section 40-23-8, Code 1975, and reversed that aspect of our decision holding that Klingler could not be held in contempt for refusing to produce certain business records required by section 40-23-9, Code 1975, to be kept.

In its decision the supreme court indicated that Klingler could respond “to the subpoena by showing that he is not engaged in business or showing some other valid reason why he cannot produce the…