Standard Oil Company v. State of Iowa
Decision Date | 08 April 1969 |
Docket Number | No. 19355.,19355. |
Citation | 408 F.2d 1171 |
Parties | STANDARD OIL COMPANY et al., Appellants, v. STATE OF IOWA et al., Appellees. |
Court | U.S. Court of Appeals — Eighth Circuit |
Edward F. Howrey, of Howrey, Simon, Baker, & Murchison, Washington, D. C., for Mobile Oil.
Robert J. Woolsey, of Farmer, Woolsey, Flippo & Bailey, Tulsa, Okl., for Wilshire Oil Co.
Robert W. Brennan, Stewart, Miller, Wimer, Brennan & Joyce, Des Moines, Iowa, George T. O'Laughlin, Miller & O'Laughlin, Kansas City, Mo., for Union Asphalt & Roadoils, Inc.
D. J. Goode, Parrish, Guthrie, Colflesh & O'Brien, Des Moines, Iowa, M. J. Keating, Walter T. Kuhlmey, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for Standard Oil Co. (Indiana).
J. Rudolph Hansen, John A. McClintock, Hansen, Wheatcraft & McClintock, Des Moines, Iowa, Lynn Adams, Oklahoma City, Okl., for Kerr-McGee Corp. and General Asphalts, Inc.
Herschel G. Langdon, Herrick, Langdon, Belin & Harris, Des Moines, Iowa, Verne H. Maxwell, Dallas, Tex., Colvin
A. Peterson, Jr., Watson, Ess, Marshall & Enggas, Kansas City, Mo., for American Petrofina, Inc.
John R. Mackaman, Dickinson, Throckmorton, Parker, Manheimer & Raife, Des Moines, Iowa, Charles F. Rice, New York City, Edward F. Howrey, A. Duncan Whitaker, Richard T. Colman, Howrey, Simon, Baker & Murchison, Washington, D. C., for Mobil Oil Corp.
Eugene Davis, Duncan, Jones, Riley & Davis, Des Moines, Iowa, William C. Weitzel, Jr., New York City, for Texaco, Inc.
Donald A. Wine, Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, Iowa, J. R. Shanahan, Chicago, Ill., Donald K. McIntosh, New York City, for Sinclair Refining Co.
David E. Byers, Des Moines, Iowa, John F. Smith, Kansas City, Mo., for Skelly Oil Co.
Paul F. Ahlers, Bannister, Carpenter, Ahlers & Cooney, Des Moines, Iowa, Lewis J. Ottaviani, Bartlesville, Okl., Leroy Jeffers, Vinson, Elkins, Weems & Searls, Houston, Tex., for Phillips Petroleum Co.
Robert G. Bridges, Bridges & Bridges, Des Moines, Iowa, James R. Eagleton, Hunt, Eagleton & Eagleton, Tulsa, Okl., for Carey Farms Co. (Known as Riffe Petroleum Company from 9/19/63 through 7/27/67).
Roy W. Meadows, Whitfield, Musgrave, Selvy & Kelly, Des Moines, Iowa, C. T. McClure, Oklahoma City, Okl., for Apco Oil Corp.
Bennett A. Webster, Gamble, Riepe, Martin & Webster, Des Moines, Iowa, Charles W. McDermott, Colorado Springs, Colo., Joseph W. Kennedy, Morris, Laing, Evans & Brock, Wichita, Kan., for Colorado Oil & Gas Corp. (Derby Refining Co.).
Frank W. Davis, Davis, Huebner, Johnson & Burt, Des Moines, Iowa, Robert J. Woolsey, Lawrence A. Johnson, Farmer, Woolsey, Flippo & Bailey, Tulsa, Okl., for Wilshire Oil Co. of Texas.
J. O. Watson, Jr., Watson, Elgin & Hoyman, Indianola, Iowa, Elmer B. Hodges, Gage, Hodges, Park & Kreamer, Kansas City, Mo., for Carter-Waters Corp.
J. Riley McManus, Des Moines, Iowa, Neil E. McManus, McManus & McManus, Keokuk, Iowa, for Petroleum Trading, Inc.
Theodore T. Duffield, James A. Lorentzen, Patterson, Lorentzen, Duffield, Timmons, Wright & Irish, Des Moines, Iowa, for Pioneer Asphalt Co. and Central States Oil and Asphalt Co., Inc.
Roger H. Ivie, Special Asst. Atty. Gen., Des Moines, Iowa, for appellees; Richard C. Turner, Atty. Gen., Des Moines, Iowa, with him on the brief.
Before VAN OOSTERHOUT, Chief Judge, and MATTHES and BRIGHT, Circuit Judges.
VAN OOSTERHOUT, Chief Judge.
This is an interlocutory appeal by the defendants from portions of an order of the trial court filed March 14, 1968, which denied certain relief sought by defendants in their motions to suppress evidence claimed to have been illegally seized. The order appealed from is incorporated in the trial court's memorandum opinion reported sub nom. State of Iowa v. Union Asphalt & Roadoils, Inc., 281 F.Supp. 391, 404-411.1
We permitted this interlocutory appeal to be taken pursuant to 28 U.S.C.A. § 1292(b) certification by the trial court.
The State of Iowa and Iowa State Highway Commission commenced this case as a class action against twenty-one defendants on their behalf and for the benefit of all State agencies and political subdivisions of the State for treble damages for conspiracy to unlawfully fix prices in violation of the Sherman Act and the Clayton Act in the sale of asphalt to the State of Iowa, its agencies and subdivisions. The motions to suppress evidence are broad and based upon the unlawful seizure of records of four defendants, to wit, Pioneer Asphalt Company, Central States Oil and Asphalt Company, Inc., Bituminous Materials & Supply Co., and Bitucote Products Co. The trial court determined upon the basis of substantial evidence appearing in the record that the records and property of the four defendants just named were illegally seized by the State of Iowa in violation of the Fourth Amendment constitutional rights of such defendants and that the motions of the four defendants to suppress evidence seized from each of them should be granted and plaintiffs were ordered to return all items seized to such defendants together with all copies made from the seized items. The basis of the ruling is fully set out in the trial court's opinion.
Plaintiffs now concede that the seizures made from the four defendants were illegal and plaintiffs do not contest the order directing the return of the seized property and copies thereof to defendants from whom the property was wrongfully taken. Plaintiffs have complied with the order for the return of the items seized and copies thereof.
The court further held:
"It is further ordered that the plaintiffs may not in any manner use the seized items or any knowledge gained by the illegal searches against the party from whom the knowledge was gained or the items seized, except that the plaintiffs may make use of all evidence and knowledge if it is gained from an independent source." 281 F. Supp. 391, 411.
Defendants on this appeal contend that the court erred in denying the relief sought in their motions in the following respects: (1) In holding that defendants other than the four defendants whose premises were unlawfully searched had no standing to suppress evidence illegally obtained from their co-defendants. (2) In holding that some documentary material illegally seized from the four defendants and information obtained therefrom may be reacquired through normal discovery methods by the party who perpetrated the unlawful search.
We find for the reasons hereinafter stated that the trial court committed no error in entering the order that it did.
The troublesome question of whether a co-defendant whose Fourth Amendment rights have not been violated has standing to suppress evidence illegally seized from a co-defendant has been authoritatively answered by the Supreme Court in Alderman v. United States, 394 U.S. 165, 89 S.Ct. 961, 22 L.Ed.2d 176 (decided March 10, 1969). The Court in that case in the majority opinion held that the exclusionary rule of Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652, and Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, 84 A.L.R. 933, extends only to a party from whom the evidence was illegally obtained and squarely holds that evidence illegally obtained from one defendant is not excludable against a co-defendant whose constitutional rights have not been violated by the search and seizure. The Court states:
After reviewing pertinent authorities, the Court observes:
Alderman is a criminal case. The case before us is a civil case for treble damages for antitrust violations. Obviously the rules as to standing in a civil case would rise no higher than those governing criminal cases. We hold that the right to suppress evidence illegally seized is...
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