In re Walling (47 F. Supp. 255, 1942)

BYERS, District Judge.

Motion for an order to comply with a subpoena duces tecum issued by the Administrator of the Wage and Hour Division of the United States Department of Labor.

Pursuant to the prayer of the petition that an order issue requiring the respondent to produce the books, records, papers, documents and memoranda required by the subpoena attached thereto, before the petitioner or one of his authorized representatives, “at such time and place as this Court may order”; and after reading the answering and replying affidavits, the said motion is hereby granted as follows:

(a) The time is fixed as October 20, 1942, at 10:30 a.m. until 1 p.m., and from 2 p.m. until 5 p.m., and on each succeeding day (except Saturdays, Sundays and Mondays) as may be needed, during the same hours.

(b) The place is fixed as the business office of the above-named respondent.

It may be appropriate to add that the petitioner has not seen fit to enlighten the Court as to the necessity for pressing this motion, in light of the inspection of the respondent’s records on September 28, 1942, at the suggestion of the Court made in the belief that the petitioner was assumed to be more interested in obtaining information than in promoting a legal controversy'.

While it is not apparent that the general ledger will throw any additional light