Legal Opinion
Pennwalt Corporation v. Durand-Wayland, Inc., Sunkist Growers, Inc., Non-Party
Court of Appeals for the Ninth Circuit
Decided September 12, 1983No. 82-5897PublishedCited by 79 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
Sunkist Growers, Inc., a nonparty in the underlying action, appeals from a district court order that it pay $9,000 in attorney fees to Pennwalt Corporation for failure to comply with a subpoena duces tecum. We conclude that the sanction was not proper under Fed.R.Civ.P. 45, because Sunkist had objected to discovery of the subpoenaed material and the district court had not ordered it to comply. Nor had the district court held a hearing to consider Sunkist’s objections to the propriety and reasonableness of the fee award.
FACTS
In the underlying action, Pennwalt…
2Cases cited5 opinions
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- Falstaff Brewing Corporation, General Brewing Company S & P Company v. Miller Brewing Company, and Philip Morris, IncorporatedCourt of Appeals for the Ninth Circuit · 1983
- John David v. The Hooker, Ltd Hooker Music, Ltd., Ronald Haffkine, Non-PartyCourt of Appeals for the Ninth Circuit · 1977
- Fisher v. Marubeni Cotton Corp.Court of Appeals for the Eighth Circuit · 1975
- Liew v. BreenCourt of Appeals for the Ninth Circuit · 1981
3Cited by79 opinions
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- Natural Gas Pipeline Company of America, Natural Gas Pipeline Company of America v. Energy Gathering, Inc., John Fox, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1993
- McCoy v. Southwest Airlines Co.District Court, C.D. California · 2002
- Moon v. SCP Pool Corp.District Court, C.D. California · 2005
- Certain Complaints Under Investigation by an Investigating Committee of Judicial Council of Eleventh Circuit. v. MercerCourt of Appeals for the Eleventh Circuit · 1986
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