From Casetext: Smarter Legal Research

Bowles v. Kirk

United States District Court, W.D. Pennsylvania
Jan 23, 1945
59 F. Supp. 97 (W.D. Pa. 1945)

Opinion

Civil Action No. 3210.

January 23, 1945.

Patrick O'Leary, Dist. Enforcement Officer OPA, of Altoona, Pa., for plaintiff.

Ross H. Pentz, of DuBois, Pa., and M.V. Schoonmaker and Jos. A. Rossi, both of Pittsburgh, Pa., for defendant.


Action by Chester Bowles, Administrator, Office of Price Administration, against J.J. Kirk, doing business as Beaver Meadow Creamery, 409 Maple Avenue, DuBois, Pa., for injunction and damages for alleged violation of maximum price regulation as to butter and dairy products. On defendant's motion for suppression of evidence.

Motion denied.


This is an action by the Administrator of the Office of Price Administration for an injunction, and to recover damages for alleged violation of Maximum Price Regulation 289, as amended, establishing maximum price for butter and dairy products. This regulation was issued pursuant to Emergency Price Control Act of 1942, 56 Stat. 23, 50 U.S.C.A.Appendix, § 901 et seq., 56 Stat. 765, 50 U.S.C.A.Appendix, § 961 et seq.

The defendant has moved for an order for the suppression and return of evidence obtained by agents of the OPA without a subpoena. The plaintiff is resisting this motion, on the ground that the inspection of defendant's records was entirely legal and proper, because the plaintiff has the right to inspect the records which were required to be kept and made available for inspection, and because also the defendant consented to the examination of his records.

This case involved the same questions that were before us in Bowles, Administrator, v. Stitzinger et al., D.C., 58 F. Supp. 94, in which we this day filed an opinion denying the motion to suppress; and we will deny the defendant's motion to suppress in the instant case, for the reasons there stated.

In the instant case, it might also be properly be held that defendant consented to the inspection of his records, from the fact that he testified on the hearing of the motion to suppress, as follows:

"Well, he asked me to see these records, and I got the records for him, because I didn't have anything that I figured I have to hide or anything like that. I figured I was getting along all right and doing my business the way I should."

The motion to suppress will be denied. An order may be submitted accordingly on notice to opposing counsel.


Summaries of

Bowles v. Kirk

United States District Court, W.D. Pennsylvania
Jan 23, 1945
59 F. Supp. 97 (W.D. Pa. 1945)
Case details for

Bowles v. Kirk

Case Details

Full title:BOWLES, Adm'r, Office of Price Administration, v. KIRK

Court:United States District Court, W.D. Pennsylvania

Date published: Jan 23, 1945

Citations

59 F. Supp. 97 (W.D. Pa. 1945)

Citing Cases

United States v. Shapiro

All the decisions to date but one have refused immunity to the production of required records under the price…

Bowles v. Sachnoff

The court held that the examination which was made, and the evidence which was produced, involved information…