Frank Honig v. E. I. Dupont De Nemours & Company, Inc.

Frank HONIG, Appellant, v. E. I. duPONT De NEMOURS & COMPANY, Inc., Appellee

Honig v. E. I. Dupont De Nemours & Co., 404 F.2d 410 (5th Cir. 1968)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: December 2, 1968
Docket: No. 25987
Judges: Tuttle, Ainsworth, Mitchell
Citations: 404 F.2d 41012 Fed. R. Serv. 2d 904

Opinion — Per Curiam

PER CURIAM:

This is an appeal by a witness not a party to the principal lawsuit, from an order of the trial court requiring him to submit to further examination by deposition. We conclude that this appeal must be dismissed under the general rule that a discovery order incident to a pending action is not subject to appeal. See 6 Moore, Federal Practice, Sec. 54.07, and cases cited. This is not a final order, and we find no facts in the record that would warrant our invoking the exception to the rule as outlined in Overby v. United States Fidelity and Guaranty Co., (5 Cir. 1955) 224 F.2d 158 .

The appeal is dismissed.

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Cited by 19 cases

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Goodman v. Harris County443 F.3d 464 (5th Cir. 2006)
Newby v. Enron Corp.443 F.3d 416 (5th Cir. 2006)
Charles Baker v. F & F Investment470 F.2d 778 (2d Cir. 1972)
Cronin v. Strayer467 N.E.2d 143 (Mass. 1984)
Maria Cazorla v. Koch Foods of Mississippi, LLC838 F.3d 540 (5th Cir. 2016)

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Goodman v. Harris County443 F.3d 464 (5th Cir. 2006)
Newby v. Enron Corp.443 F.3d 416 (5th Cir. 2006)
A-Mark Auction Galleries, Inc. v. American Numismatic Ass'n233 F.3d 895 (5th Cir. 2000)

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 1

Depth	Case	Cited by
	A. N. Overby, Acting Sec'y of the Treasury v. United States Fid. & Guar. Co. & the First Nat'l Bank of Auburn, 224 F.2d 158 (1st Cir. 1955)	61

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