ADAMS V. FTC
296 F.2d 861 (8th Cir. 1961)
NATURE OF THE CASE: These are cross appeals from an order of the Court entered in
connection with proceedings pending before the Federal Trade Commission.
FACTS: 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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