U.S. Court of Appeals for the Fifth Circuit, 1968

Tracor, Inc. v. Premco Instruments, Inc.

Tracor, Inc. v. Premco Instruments, Inc.
U.S. Court of Appeals for the Fifth Circuit · Decided June 7, 1968 · Coleman, Godbold, Per Curiam, Rubin
395 F.2d 849; 12 Fed. R. Serv. 2d 1043; 1968 U.S. App. LEXIS 6620 (Federal Reporter, Second Series)

Tracor, Inc. v. Premco Instruments, Inc.

Opinion

PER CURIAM:

After briefs and oral argument, this interlocutory appeal is dismissed for want of jurisdiction.

The District Court directed an order to the clerk of a state court requesting that a sealed manila envelope in the custody of that official in connection with a state court ease (which had been settled and dismissed with prejudice) be forwarded to the clerk of the federal court and there held in secrecy pending further order. A motion for a stay was heard and denied. Appellant then undertook an appeal to this Court without a certificate of the District Judge under the provisions of 28 U.S.C.A., § 1292(b) and without applying to this Court within ten days of the order for leave to appeal.

We view this order as being, to all intents and purposes, no more than a subpoena duces tecum. The documents have been sent for in sealed form and ordered to be held that way. This was “only a step in the orderly procedure of the case”, it was not an injunction, and the order is therefore not appealable, O’Malley v. Chrysler Corp., 7 Cir., 1947, 160 F.2d 35.

Appellant’s motion for mandamus relief is denied.

Appeal dismissed and writ of mandamus denied.

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