FRANK HONIG, APPELLANT,
v.
E. I. DUPONT DE NEMOURS & COMPANY, INC., APPELLEE
FRANK HONIG, APPELLANT,
E. I. DUPONT DE NEMOURS & COMPANY, INC., APPELLEE
404 F.2d 410
Court of Appeals for the Fifth Circuit (1968)
Positive Treatment
Cited by 10 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baker v. F & F Inv., 470 F.2d 778 (2d Cir. 1972)
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Robinson v. Tanner, 798 F.2d 1378 (11th Cir. 1986)
-
Gideon Ariel and Irving I. Dardik v. Jones, 693 F.2d 1058 (11th Cir. 1982)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Overby v. United States Fid. & Guar. Co. & The First Nat'l Bank of Auburn, 224 F.2d 158 (5th Cir. 1955)