Adams v. FTC

296 F.2d 861 (8th Cir. 1961)


The FTC (P) issued complaints against Adams Dairy Company, Adams Dairy, Inc. and The Kroger Company; and Safeway Stores, Inc.; and The Great Atlantic and Pacific Tea Company, Inc. P alleges that Adams (Ds) have maintained and effectuated a conspiracy, combination, agreement, and understanding in the sale and distribution of dairy products in restraint of trade. The hearing examiner issued six administrative subpoenas ad testificandum and duces tecum. Motions to quash the subpoenas were filed by Sr., Adams, Jr., and Adams (Ds), and were overruled by the hearing examiner and the Commission denied an appeal from his ruling. The examiner was advised that Ds would not comply with the subpoenas. P applied to the United States District Court for an order to compel attendance of witnesses and production of documents at times and places to be fixed by the hearing examiner. Ds alleged that the subpoenas were invalid because they were not issued pursuant to a lawful complaint.