United States First Circuit

Denial of motion by corporate custodian of records to quash two administrative subpoenas duces tecum is affirmed where: 1) the act-of-production doctrine does not act as an exception to the collective-entity doctrine when the custodian is the sole shareholder, officer and employee of the company; and 2) records remained corporate even after dissolution of the corporation.

Appellate Information

• Decided 06/08/2006
• Published 06/08/2006

Judges

• BOWMAN, Senior Circuit Judge., Before LYNCH, Circuit Judge, BOWMAN, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael A. Cunniff with whom Jay P. McCloskey, Thimi R. Mina, Kimberly L. Murphy, and McCloskey, Mina & Cunniff, LLC were on brief, for appellant.


• For Appellees:
  
• James W. Chapman, Jr., Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.