Nature of the Case
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Facts
D is a wholesaler of fruit and produce. D was served with a subpoena duces tecum and ad testificandum, issued by the Price Administrator (D) under authority of the Emergency Price Control Act. D was to produce 'all duplicate sales invoices, sales books, ledgers, inventory records, contracts and records relating to the sale of all commodities from September 1, 1944, to September 28, 1944.' D appeared and, after being sworn, was requested to turn over the subpoenaed records. D produced the records but claimed constitutional privilege. D was eventually convicted of violating the Act. The Circuit Court of Appeals ruled that the records which D was compelled to produce were records required to be kept by a valid regulation under the Price Control Act; that thereby they became public documents, as to which no constitutional privilege against self-incrimination attaches; that accordingly the immunity of § 202 (g) did not extend to the production of these records and the plea in bar was properly overruled by the trial court. The Supreme Court granted certiorari.
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