BURKE

v.

REID, JAIL SUPERINTENDENT

Citator

Cited By

• Westinghouse Elec. Corp. v. City OF Burlington, 351 F.2d 762 (D.C. Cir. 1965)
  …the point. It is clear that ordinarily an order quashing a subpoena issued against a party in a case pending in the District Court in which the order was entered is not appealable. See Hoffa v. United States, 309 F. 2d 680 (5th Cir.) cert. denied, 371 U.S. 878, 83 S.Ct. 147, 9 L.Ed. 2d 115 (1962).4 There is a conflict of authority on the question of whether an order quashing a subpoena entered in a district other than the one in which the main case is pending is appealable. Compare Palmer v. Fisher, 228 F…
• Baker v. United States Steel Corp., 492 F.2d 1074 (2d Cir. 1974)
  …unappealable, when issued in the same jurisdiction as that of the main proceeding, e. g., Horvath v. Letay, 343 F. 2d 463 (2 Cir. 1965); Cimijotti v. Paulsen, 323 F. 2d 716 (8 Cir. 1963); Hoffa v. United States, 309 F. 2d 680 (5 Cir.), cert. denied, 371 U.S. 878, 83 S.Ct. 147, 9 L.Ed.2d 115 (1962), or when, though issued in outside jurisdictions, they compelled disclosures, see, for example, Cobbledick v. United States, 309 U.S. 323, 60 S.Ct. 540, 84 L.Ed. 783 (1940); National Nut Co. of California v. Kelli…
• Northbrook Nat'l Ins. Co. v. Brewer, 493 U.S. 6 (U.S. 1989)
  …claim for compensation against the insurer. The insured’s ‘counterclaim’ is, for all intents and purposes, the only claim involved in the action.” Hardware Mutual Casualty Co. v. McIntyre, 304 F. 2d 566, 570 (CA5) (citations omitted), cert. denied, 371 U. S. 878 (1962). In his dissenting opinion in Horton v. Liberty Mutual Ins. Co., 367 U. S. 348, 362-363 (1961), Justice Clark, who was also familiar with Texas procedures, observed: “Moreover, the Senate Report expressed concern for the problems of the inj…