Interstate Commerce Commission v. James R. Gould, Doing Business as Brokers for Agricultural Cooperativeassociations

OPINION OF THE COURT

GARTH, Circuit Judge.

This is an appeal from an order of the district court which granted summary judgment in favor of the Interstate Commerce Commission (ICC) on its petition to require James Gould to allow ICC agents access to his business records. We conclude that the ICC possesses statutory authority to examine Gould’s records. Nevertheless, Gould has raised a substantial question regarding the protection afforded him by the fifth amendment, and we therefore remand this case to the district court for further proceedings.

I

Gould does business in the form of a sole…