U.S. Court of Appeals for the Tenth Circuit, 1980

United States Steel Corporation v. Gobel Mattingly, Eugene E. Morris, Etc. v. Gobel Mattingly, Bruce W. Christ

U.S. Court of Appeals for the Tenth Circuit · Decided August 12, 1980 · Barrett, Breitenstein, Doyle

663 F.2d 68; 32 Fed. R. Serv. 2d 1195; 1980 U.S. App. LEXIS 14955 (Federal Reporter, Second Series)

Counsel

Lee Dale, Sherman & Howard, Denver, Colo., John R. McCall, Middleton & Reutlinger, Louisville, Ky., for United States Steel Corporation., Joseph F. Dolan, U.S. Atty., C. Scott Crabtree, Asst. U.S. Atty., Denver, Colo., Leonard Schaitman, John C. Hoyle, Civil Division, Appellate Staff, U.S. Dept, of Justice, Washington, D.C., Benjamin Civiletti, Atty. Gen., Alice Daniel, Asst. Atty. Gen., William P. Arnold, David H. White, U.S. Dept, of Justice, Washington, D.C. for Bruce W. Christ.

Cases that cite this one

11 later published cases cite this decision.

Aero Tech, Inc. v. Great American Insurance Company, an Ohio Corporation (District Court, D. New Mexico 2023)
Ceroni v. 4FRONT ENGINEERED SOLUTIONS, INC. (United States District Court for the District of Colorado 2011)
Tholen Supply Co., Inc. v. Continental Cas. Co. (District Court, D. Kansas 1994)
Smith v. CRC Builders Co., Inc. (United States District Court for the District of Colorado 1983)
Reeder v. United States (District Court, D. New Mexico 2024)
America West Bank Members v. State of Utah, The (District Court, D. Utah 2021)
Armstrong v. Arcanum Group, Inc. (United States District Court for the District of Colorado 2017)
Robbins v. Wilkie (District Court, D. Wyoming 2003)
State of Kansas v. Mark Call, Glenda Waggoner, and Mike Burch, Otto Privette Robert Benton, Movants-Appellees (10th Cir. 1992)
Hotel Employees-Hotel Ass'n Pension Fund v. Timperio (United States District Court for the Southern District of Florida 1985)
Northrop Corporation v. McDonnell Douglas Corporation (D.C. Cir. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

This matter is before the Court on the motion of appellee, United States Steel Corporation, to vacate the order of this Court granting the government’s motion for temporary stay of the order of the United States District Court compelling enforcement of a subpoena directed by United States Steel Corporation against appellant, Bruce W. Christ, an employee of the Bureau of Standards.

Upon consideration of the record, the briefs, and the oral arguments, we have concluded that the motion of United States Steel Corporation for vacation of our temporary stay must be denied and that the merits of this dispute are controlled by United States ex rel. Touhy v. Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417 (1951) and Saunders v. The Great Western Sugar Company, 396 F.2d 794 (10th Cir. 1968). Thus, we hold that the District Court erred in enforcing the subpoena.

The judgment of the District Court is reversed and the cause is remanded with directions to recall the subpoena and dismiss all proceedings with regard thereto.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.