Legal Opinion
Coda M. Fears v. Burris Manufacturing Company, Marvin Wooten, Manager of the Aberdeen Office of Mississippi Employment Security Commission
Court of Appeals for the Fifth Circuit
Decided January 20, 1971No. 28983PublishedCited by 1 opinion
1Opinion of the Court
WISDOM, Circuit Judge:
This is an appeal from an order of the Honorable Orma R. Smith, District Judge for the Northern District of Mississippi, denying the motion of Marvin Wooten to quash a subpoena duces tec-um with which he had been served. Fears v. Burris Mfg. Co., 1969, 48 F.R. D. 91. The appeal turns on the extent to which the principles expressed in Carr v. Monroe Mfg. Co., 5 Cir. 1970, 431 F.2d 384, 1 should be regarded as applicable to the facts here presented. We regard Carr as controlling in this case and therefore affirm the district court’s order.
I
The plaintiffs, a group of Negro…
2Cases cited7 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Garner v. WolfinbargerCourt of Appeals for the Fifth Circuit · 1970
- Gray v. Gulf Mobile & Ohio RailroadSupreme Court of the United States · 1971
- State Ex Rel. Haugland v. SmytheWashington Supreme Court · 1946
- Marceau v. Orange Realty, Inc.Supreme Court of New Hampshire · 1952
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3Cited by1 opinion
- 3 Fair empl.prac.cas. 71, 3 Empl. Prac. Dec. P 8084 Coda M. Fears v. Burris Manufacturing Company, Marvin Wooten, Manager of the Aberdeen Office of Mississippi Employment Security Commission, No. 28983 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5 Cir. 1970, 431 F.2d 409Court of Appeals for the Fifth Circuit · 1971