Belships Co., Ltd, Skibs A/s v. The Republic of France
Belships Co., Ltd, Skibs A/s, v. the Republic of France
Opinion
PER CURIAM.
While we have authority to issue one of the extraordinary writs here prayed for in aid of our appellate jurisdiction, we have been admonished that this should be done only when necessary in extraordinary cases, and not as a means of interlocutory appeal. Ex parte Fahey, 332 U.S. 258 , 67 S.Ct. 1558 , 91 L.Ed. 2041 ; Bank Line v. United States, 2 Cir., 163 F.2d 133 . We fail to see how the taking of depositions of witnesses who have their own remedy if they are improperly subpoenaed and whose testimony has not yet been and may never he offered in evidence at the trial satisfies these standards. Accordingly we dismiss the petition.
Petition dismissed.
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