United States v. Carl Simon, Robert Kaiser and Melvin Fishman, and Harold Roth, Irving L. Wharton

LUMBARD, Chief Judge:

The question on this appeal is whether there is sufficient basis for an order entered by Judge Bryan in the Southern District of New York on December 16, 1966, enjoining Irving L. Wharton, trustee in the bankruptcy receivership of Continental Vending Machine Corporation in the Eastern District of New York, for a period of ninety days from taking the depositions in an action pending in the Eastern District since July 1965 of the three defendant-appellees, who are named in an indictment filed in the Southern District on Octobér 17, 1966, which involves in part the same…