Serr v. Sullivan, Misc. No. 3584-3590.

CourtUnited States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
Writing for the CourtJOHN W. LORD, Jr.
Citation270 F. Supp. 544
PartiesHarold A. SERR, Director Alcohol and Tobacco Tax Division, Internal Revenue Service, Petitioner, v. Juleus J. SULLIVAN, Jr., et al., Respondents.
Docket NumberMisc. No. 3584-3590.
Decision Date13 July 1967

270 F. Supp. 544

Harold A. SERR, Director Alcohol and Tobacco Tax Division, Internal Revenue Service, Petitioner,
v.
Juleus J. SULLIVAN, Jr., et al., Respondents.

Misc. Nos. 3584-3590.

United States District Court E. D. Pennsylvania.

July 13, 1967.


270 F. Supp. 545

John R. Sutton, Asst. U. S. Atty., Philadelphia, Pa., Philip Willens, Dept. of Justice, Washington, D. C., Kenneth L. Travis, Asst. Regional Counsel, I.R.S., Cincinnati, Ohio, for petitioner.

H. Francis DeLone and Richard Schneider, Philadelphia, Pa., Russell E. Ellis, Philip H. Strubing, Philadelphia, Pa., for Hiram Walker, Norristown, Pa., for respondents.

OPINION

JOHN W. LORD, Jr., District Judge.

This matter comes before the Court on the petition of the Director of the Alcohol and Tobacco Tax Division (hereafter called Director), Internal Revenue Service, which requested this Court to compel respondents to appear and testify before the Director (or his authorized designate) according to the terms of a subpoena duces tecum issued by the Director in the proceedings involving the special investigation of Hiram Walker Incorporated (hereafter called Hiram Walker). The petition was based on the Federal Alcohol Administration Act (hereafter called Act), 27 U.S.C.A. § 202 (c) which incorporates the subpoena provisions of the Federal Trade Commission Act, 15 U.S.C.A. § 49. An order was issued requiring respondents to show cause why the subpoena should not be enforced. After hearing argument and consideration of briefs submitted by the parties and by Hiram Walker (intervenor) we have concluded that the petition for the enforcement of the subpoenas must be denied.

The Director began an investigation of Hiram Walker, suspecting violations of the Act by unauthorized promotional practices which contravene the Act. 27 U.S.C.A. § 205. Subpoenas were issued to certain employees and former employees of Hiram Walker who might have information concerning the practices. The respondents appeared at the time and place noted in the subpoenas, but refused to be sworn or testify. The Director then petitioned this Court to enforce the subpoenas. 15 U.S. C.A. § 49.

The question is apparently novel and involves the power of the Director to launch a special investigation with the power to compel witnesses to appear and testify. 27 U.S.C.A. § 202(c) states:

"The provisions including penalties, of sections 49 and 50 of Title 15, shall be applicable to the jurisdiction, powers, and duties of the Director
...

To continue reading

Request your trial
6 practice notes
  • Sealed Air Corp. v. US Intern. Trade Com'n, Appeal No. 79-35
    • United States
    • United States Court of Customs and Patent Appeals
    • March 12, 1981
    ...if it seeks to invoke compulsory process against persons over whom it has been given no such authority, Serr v. Sullivan, D.C., 270 F.Supp. 544, aff'd 390 F.2d 619 (CA 3 1968), or if it operates beyond the scope of its subject matter jurisdiction. Canadian Pacific Ltd. v. United States, 379......
  • U.S. v. Hill, Nos. 81-2171
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 9, 1982
    ...10 supra ). See also General Tobacco & Grocery Co. v. Fleming, 125 F.2d 596, 598 (6th Cir.1942) (same as La Belle ); Serr v. Sullivan, 270 F.Supp. 544, 545 (E.D.Pa.1967) (not discussing jurisdiction, but indicating only that 27 U.S.C. Sec. 202(c) "incorporates that portion of the [FTC Act] ......
  • 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
    ...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.1967), the district court had held that, in the absence of a specific congressional, statutory grant of power to the Director of the......
  • F. T. C. v. Turner, No. 78-2932
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 9, 1980
    ...of a statutory mandate too narrowly, and in conflict with the principles of Morton Salt. See Serr v. Sullivan, E.D.Pa., 1967, 270 F.Supp. 544, 546, Aff'd, 3 Cir., 1968, 390 F.2d 619 (so long as some investigatory power is granted, further authority permitted "either expressly or by necessar......
  • Request a trial to view additional results
6 cases
  • Sealed Air Corp. v. US Intern. Trade Com'n, Appeal No. 79-35
    • United States
    • United States Court of Customs and Patent Appeals
    • March 12, 1981
    ...if it seeks to invoke compulsory process against persons over whom it has been given no such authority, Serr v. Sullivan, D.C., 270 F.Supp. 544, aff'd 390 F.2d 619 (CA 3 1968), or if it operates beyond the scope of its subject matter jurisdiction. Canadian Pacific Ltd. v. United States, 379......
  • U.S. v. Hill, Nos. 81-2171
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 9, 1982
    ...10 supra ). See also General Tobacco & Grocery Co. v. Fleming, 125 F.2d 596, 598 (6th Cir.1942) (same as La Belle ); Serr v. Sullivan, 270 F.Supp. 544, 545 (E.D.Pa.1967) (not discussing jurisdiction, but indicating only that 27 U.S.C. Sec. 202(c) "incorporates that portion of the [FTC Act] ......
  • 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
    ...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.1967), the district court had held that, in the absence of a specific congressional, statutory grant of power to the Director of the......
  • F. T. C. v. Turner, No. 78-2932
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 9, 1980
    ...of a statutory mandate too narrowly, and in conflict with the principles of Morton Salt. See Serr v. Sullivan, E.D.Pa., 1967, 270 F.Supp. 544, 546, Aff'd, 3 Cir., 1968, 390 F.2d 619 (so long as some investigatory power is granted, further authority permitted "either expressly or by necessar......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT