Opinion

Penfield Co. of Cal. v. Securities and Exch. Com'n

  • 143 F.2d 746
Court
Court of Appeals for the Ninth Circuit
Filed
Jul 19, 1944
Status
Published
Author
Mathews
On the bench
Denman, Mathews, and Stephens, Circuit Judges
Cited by
38 cases
Authority
More cited than 7.2%

The opinion

MATHEWS, Circuit Judge

(concurring in the result).

The order here appealed from was not an order denying a motion to quash a subpoena requiring a witness to appear and produce documents before a grand jury (cf. Cobbledick v. United States, 309 U.S. 323 , 60 S.Ct. 540 , 84 L.Ed. 783 ), but was an order requiring appellant to appear and produce documents before appellee in response to a subpoena issued to appellant by appellee pursuant to § ' 19(b) of the Securities Act of 1933, 15 U.S.C.A. § 77s(b). The order was issued pursuant to § 22(b) of the Act, 15 U.S.C.A. § 77v(b), was a final decision, within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225 (a), and hence was appealable. Cf. Ellis v. Interstate Commerce Commission, 237 U.S. 434 , 35 S.Ct. 645 , 59 L.Ed. 1036 ; Clarke v. Federal Trade Commission, 9 Cir., 128 F.2d 542 .

Holding, as we do, that Ellis v. Interstate Commerce Commission, supra, is not overruled by Cobbledick v. United States, supra, we may and, I think, should disregard appellee’s criticism of the Cobbledick decision. What my associates (Judges DEN-MAN and STEPHENS) say in their opinion * in answer to that criticism seems to me unnecessary and better left unsaid.

The order should be affirmed upon the authority of Woolley v. United States, 9 Cir., 97 F.2d 258 ; Consolidated Mines v. Security and Exchange Commission, 9 Cir., 97 F.2d 704 ; Atherton v. United States, 9 Cir., 128 F.2d 463 .

In the paragraph beginning with the words “We cannot” and ending with the words 'ninety district courts.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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