200 F.2d 195 | 7th Cir. | 1952
Lead Opinion
Appellant John F. Malone has filed a motion for summary reversal of the order of the District Court holding him in contempt of court, entered September 18, 1952. The relator has filed objections thereto-.
The record discloses that this appeal presents but one question, and that is the same one that was before this court in United States ex rel. Touhy v. Ragen, 7 Cir., 180 F.2d 321, and before the Supreme Court in United States ex rel. Touhy v. Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417, wherein it was held that Order No. 3229 entered by the Attorney General, acting under 5 U.S.C.A. § 22, is valid and that a subordinate official of the Department of Justice, in pursuance of that order, acted properly, in refusing to produce certain documentary evidence and was, therefore, improperly found guilty of contempt of court. Here a similar subordinate declined
The alleged differences in the present case are of no legal significance.
The order appealed from is reversed.
Concurrence Opinion
(concurring).
Though I dissented in the former case, in view of the Supreme 'Court’s affirmance of this court’s decision in that case, I agree that United States ex rel. Touhy v. Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417, controls and that the order must be reversed.