U.S. Court of Appeals for the Second Circuit, 1962

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

U.S. Court of Appeals for the Second Circuit · Decided February 13, 1962 · Lumbard, Per Curiam, Swan, Waterman

299 F.2d 256; 1962 U.S. App. LEXIS 5911; 1962 A.M.C. 482 (Federal Reporter, Second Series)

Counsel

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

Cases that cite this one

14 later published cases cite this decision. The 11 that cite it most often are listed here.

SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. Charles E. STEWART, Jr., United States District Judge, Respondent (2d Cir. 1973)
In re Claus Von Bulow, Martha Von Bulow, by Her Next Friends Alexander Auersperg, and Annie Laurie Auersperg-Kneissl v. Claus Von Bulow (2d Cir. 1987)
Investment Properties International, Ltd. v. Ios, Ltd. (2d Cir. 1972)
Investment Properties International, Ltd. v. IOS, Ltd. (2d Cir. 1972)
International Business Machines Corp. v. United States (2d Cir. 1972)
United States v. Bronston (District Court, S.D. New York 1971)
United States v. Hughes (5th Cir. 1969)
United States v. Hemphill (4th Cir. 1966)
United States v. Hemphill (4th Cir. 1966)
In the Matter of United States of America, Petition for a Writ of Mandamus (1st Cir. 1965)
Paramount Film Distributing Corp. v. Civic Center Theatre, Inc. (10th Cir. 1964)

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

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.

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