Madison-Lewis, Inc., and Gustave Adolph Godinez, for a Writ of Mandamus v. Hon. Lloyd F. MacMahon U. S. District Judge

MADISON-LEWIS, INC., and Gustave Adolph Godinez, Petitioners, for a Writ of Mandamus v. Hon. Lloyd F. MacMAHON, U. S. District Judge, Respondent

Madison-Lewis, Inc. v. Lloyd F. MacMahon U. S. Dist. Judge, 299 F.2d 256 (2d Cir. 1962)

Court: Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided: February 13, 1962
Docket: No. 27339
Judges: Lumbard, Per Curiam, Swan, Waterman
Citations: 299 F.2d 2561962 A.M.C. 4821962 U.S. App. LEXIS 5911

Cited by 12 2 descriptions by later courts Original from court

Opinion of the Court — Per Curiam

PER CURIAM.

Petitioner seeks to set aside an order made in the case of United States v. Madison-Lewis, Inc. and Gustave A. Godinez, defendants. The indictment charged importation of merchandise from a Danish corporation by means of fraudulent and fake invoices. Defendants moved for leave to take the deposition of the manager of a Danish corporation from which defendants had purchased the goods referred to in the indictment. The motion was granted on condition “that Fedania A/S, the proposed deponent, consent in writing to open its files to search and investigation by the United States.”

Though we express ño opinion on whether the district court should grant the motion for the taking of a deposition, we grant the petition for writ of mandamus and direct the district judge to expunge from any order he may make to take the deposition of Fedania A/S the condition that the deponent consent to open its files to search and investigation by the United States.

Dissent — Swan

SWAN, Circuit Judge

(dissenting).

This petition for mandamus seeks to have us review on the merits an interlocutory order which is not appealable. 1 think we should deny the petition without discussing the merits. See Fred Benioff Co. v. McCullock, 9 Cir., 133 F.2d 900 ; Bank Line v. United States, 2 Cir., 163 F.2d 133 .

Combined text as published — syllabus, headnotes and all opinions in one document

299 F.2d 256

MADISON-LEWIS, INC., and Gustave Adolph Godinez, Petitioners, for a Writ of Mandamus v. Hon. Lloyd F. MacMAHON, U. S. District Judge, Respondent.

Docket 27339.

United States Court of Appeals Second Circuit.

Argued February 5, 1962.

Decided February 13, 1962.

Daniel A. Novok, New York City, for petitioners.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City, for respondent.

Before LUMBARD, Chief Judge, and SWAN and WATERMAN, Circuit Judges.

PER CURIAM.

Petitioner seeks to set aside an order made in the case of United States v. Madison-Lewis, Inc. and Gustave A. Godinez, defendants. The indictment charged importation of merchandise from a Danish corporation by means of fraudulent and fake invoices. Defendants moved for leave to take the deposition of the manager of a Danish corporation from which defendants had purchased the goods referred to in the indictment. The motion was granted on condition "that Fedania A/S, the proposed deponent, consent in writing to open its files to search and investigation by the United States."

Though we express no opinion on whether the district court should grant the motion for the taking of a deposition, we grant the petition for writ of mandamus and direct the district judge to expunge from any order he may make to take the deposition of Fedania A/S the condition that the deponent consent to open its files to search and investigation by the United States.

SWAN, Circuit Judge (dissenting).

This petition for mandamus seeks to have us review on the merits an interlocutory order which is not appealable. I think we should deny the petition without discussing the merits. See Fred Benioff Co. v. McCullock, 9 Cir., 133 F.2d 900 ; Bank Line v. United States, 2 Cir., 163 F.2d 133 .

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(order opening files to review by the United States)

Int'l Bus. Machines Corp. v. United States, 471 F.2d 507 (2d Cir. 1972)

Cited by 12 cases

View all citing references →

Relies on it most ⓘ

Claus Von Bulow, Martha Von Bulow, by Her Next Friends Alexander Auersperg, and Annie Laurie Auersperg-Kneissl v. Claus Von Bulow828 F.2d 94 (2d Cir. 1987)
United States v. Hughes413 F.2d 1244 (5th Cir. 1969)
In re United States of America, Petition for a Writ of Mandamus348 F.2d 624 (1st Cir. 1965)
International Business Machines Corp. v. United States471 F.2d 507 (2d Cir. 1972)
SECURITIES AND EXCHANGE COMMISSION v. Charles E. STEWART, Jr., United States District Judge476 F.2d 755 (2d Cir. 1973)
Investment Properties International, Ltd. v. IOS, Ltd.459 F.2d 705 (2d Cir. 1972)

Most recent

Claus Von Bulow, Martha Von Bulow, by Her Next Friends Alexander Auersperg, and Annie Laurie Auersperg-Kneissl v. Claus Von Bulow828 F.2d 94 (2d Cir. 1987)
SECURITIES AND EXCHANGE COMMISSION v. Charles E. STEWART, Jr., United States District Judge476 F.2d 755 (2d Cir. 1973)
International Business MacHines Corporation v. United States of America, International Business MacHines Corporation v. Hon. David N. Edelstein, Chief Judge of the United States District Court for the Southern District of New York, and United States of America471 F.2d 507 (2d Cir. 1973)
International Business Machines Corp. v. United States471 F.2d 507 (2d Cir. 1972)
Investment Properties International, Ltd. v. IOS, Ltd.459 F.2d 705 (2d Cir. 1972)
United States v. Bronston321 F. Supp. 1269 (S.D.N.Y. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Bank Line, Ltd. v. United States, 163 F.2d 133 (2d Cir. 1947)	43
	Fred Benioff Co. v. McCulloch, 133 F.2d 900 (9th Cir. 1943)	12

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