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United States Court of Appeals for the Second Circuit - 396 F.2d 897
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The legal case involves whether Citibank can refuse to comply with a valid Grand Jury subpoena duces tecum that requires the production of documents held by a foreign branch of the bank, on the basis that compliance would expose it to civil liability under the law of the foreign state. Citibank complied with the subpoena for documents in New York but refused to produce or investigate the existence of relevant documents in Frankfurt. The court found that Citibank did not provide a legally sufficient reason for failing to comply with the subpoena and held the bank and Loveland in civil contempt, fined the bank $2,000 per day for noncompliance, and sentenced Loveland to 60 days' imprisonment. The court must balance interests and consider specific facts when resolving conflicts between laws of different states. The court upholds the importance of enforcing the subpoena, citing Judge Learned Hand's statement that the suppression of truth is only justified when the opposing private interest is supreme, especially in cases where the inquiry concerns the public interest.
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