HIRAM WALKER INCORPORATED v. Serr, Civ. A. No. 43993.

CourtUnited States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
Writing for the CourtPhilip Wilens, U. S. Dept. of Justice, Washington, D. C., for respondent
Citation277 F. Supp. 3
Decision Date17 November 1967
Docket NumberCiv. A. No. 43993.
PartiesHIRAM WALKER INCORPORATED, Petitioner, v. Harold A. SERR, Director, Alcohol and Tobacco Tax Division, Internal Revenue Service, Two Penn Center Plaza, Philadelphia, Pennsylvania, Respondent.

277 F. Supp. 3

HIRAM WALKER INCORPORATED, Petitioner,
v.
Harold A. SERR, Director, Alcohol and Tobacco Tax Division, Internal Revenue Service, Two Penn Center Plaza, Philadelphia, Pennsylvania, Respondent.

Civ. A. No. 43993.

United States District Court E. D. Pennsylvania.

November 17, 1967.


277 F. Supp. 4

J. B. H. Carter, and Barry E. Hawk, Philadelphia, Pa., James H. McGlothlin, and Richard A. Brady, Washington, D. C., for petitioner.

Philip Wilens, U. S. Dept. of Justice, Washington, D. C., for respondent.

MEMORANDUM AND ORDER

JOHN W. LORD, Jr., District Judge.

This is an action for a preliminary and permanent injunction. Petitioner seeks to enjoin the Director of the Alcohol and Tobacco Tax Division of the Department of Internal Revenue from issuing administrative subpoenas pursuant to any special investigation of petitioner Hiram Walker and from taking any action pursuant to any such subpoenas already issued, pending final disposition on appeal of this Court's denial of enforcement of similar administrative subpoenas. On July 13, 1967, this Court denied the Director's request to enforce subpoenas issued under the Federal Alcohol Administration Act. 27 U.S.C.A. § 202(c). This Court concluded that the Director did not have any statutory authorization to issue such subpoenas. Serr v. Sullivan, 270 F.Supp. 544 (E.D.Pa.1967). Harold A. Serr, Director of the Alcohol and Tobacco Tax Division, appealed this Court's adverse ruling to the Court of Appeals for the Third Circuit and that appeal is still pending. Serr v. Sullivan, Nos. 16908-14, 3rd Cir. 1967.

Subsequent to the filing of his appeal, Harold A. Serr, acting under the purported authority that this Court had ruled he does not possess, has continued to issue administrative subpoenas in the continuing investigation of Hiram Walker. Serr had issued an administrative subpoena to Michael A. Miller, the manager of a retail liquor store in Detroit, Michigan and caused it to be served. This subpoena was returnable on Wednesday, November 8, 1967, at 10:00 A.M. in Detroit, Michigan, and the Director's intention was to demand and attempt to force compliance with this subpoena in order to advance the investigation of Hiram Walker.

On November 7, 1967, this Court entered a temporary restraining order against the attempted enforcement or further issuance of such subpoenas. This order was not entered ex parte. On November 15, 1967 an extensive hearing was held on petitioner's motion for an injunction.

Respondent, Harold A. Serr, was served by certified mail in Washington, D. C., on November 9, 1967 at 3:17 P.M., five hours and seventeen minutes beyond the original time set by this Court. Such service, while not meeting the letter of this Court's order, is adequate.

The sole defense advanced by the Director against any injunction in the present action is that this Court lacks venue. The Director contends that the only possible...

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3 practice notes
  • Florida Medical Ass'n v. DEPARTMENT OF HEALTH, ETC., No. 78-178-Civ-J-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • July 11, 1978
    ...determination of claims and issues over which it has jurisdiction, by fashioning equitable injunctive relief. Hiram Walker, Inc. v. Serr, 277 F.Supp. 3 (E.D.Pa.1967), is a case that illustrates such equitable, injunctive, ancillary jurisdiction. In Serr v. Sullivan, 270 F.Supp. 544 (E.D.Pa.......
  • SCAC Transport (USA) Inc. v. S.S. Danaos, Nos. 135
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 25, 1988
    ...to enforce indemnification, the district court must of course have personal jurisdiction over the indemnitor. See West Indian Co., 277 F.Supp. at 3. An indemnitor may also dispute whether the notice to defend was adequate. See J. Moore, J. Lucas & T. Currier, supra, at 251 & n. In the prese......
  • West Indian Company v. SS Empress of Canada, No. 66 Ad. 270.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 27, 1967
    ...him the opportunity to appear and defend the action. If the defendant was then found liable in the action, he brought a new action 277 F. Supp. 3 against the third party for indemnity and, in the absence of fraud or collision, the judgment in the original action was conclusive as to all iss......
3 cases
  • Florida Medical Ass'n v. DEPARTMENT OF HEALTH, ETC., No. 78-178-Civ-J-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • July 11, 1978
    ...determination of claims and issues over which it has jurisdiction, by fashioning equitable injunctive relief. Hiram Walker, Inc. v. Serr, 277 F.Supp. 3 (E.D.Pa.1967), is a case that illustrates such equitable, injunctive, ancillary jurisdiction. In Serr v. Sullivan, 270 F.Supp. 544 (E.D.Pa.......
  • SCAC Transport (USA) Inc. v. S.S. Danaos, Nos. 135
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 25, 1988
    ...to enforce indemnification, the district court must of course have personal jurisdiction over the indemnitor. See West Indian Co., 277 F.Supp. at 3. An indemnitor may also dispute whether the notice to defend was adequate. See J. Moore, J. Lucas & T. Currier, supra, at 251 & n. In the prese......
  • West Indian Company v. SS Empress of Canada, No. 66 Ad. 270.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 27, 1967
    ...him the opportunity to appear and defend the action. If the defendant was then found liable in the action, he brought a new action 277 F. Supp. 3 against the third party for indemnity and, in the absence of fraud or collision, the judgment in the original action was conclusive as to all iss......

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