Legal Opinion

Marcos Perez Jimenez v. Manuel Aristeguieta, Consul General of the Republic of Venezuela

Court of Appeals for the Fifth Circuit

Decided April 25, 1961No. 18408_1PublishedCited by 20 opinions

1Opinion of the Court

RIVES, Circuit Judge.

In connection with this international extradition proceeding, both this Circuit1 and the Second Circuit2 have accepted jurisdiction of appeals from district court orders denying motions to quash subpoenas duces tecum. The Supreme Court on March 20, 1961 granted certiorari to review the decisions of both Circuits,3 and most of the disputed questions of law will probably be settled upon such review.

The present attempted appeal, as expressed in the notice of appeal, is “from the order of the Magistrate in Extradition Proceedings, William C. Mathes, dated April 7, 1960, and…

2Cases cited7 opinions

  1. Textile Mills Securities Corp. v. CommissionerSupreme Court of the United States · 1941
  2. Benson v. McMahonSupreme Court of the United States · 1888
  3. Todd v. United StatesSupreme Court of the United States · 1895
  4. In Re Luis Oteiza Y CortesSupreme Court of the United States · 1890
  5. Application of the First National City Bank of New York, French American Banking Corporation and the Royal Bank of Canada, Petitioner-Appeallants, to Quash Three Subpoenas Duces Tecum Dated March 15, 1960 v. Manuel Aristeguieta, Consul General of the Republic of Venezuela, on Behalf of the Republic of Venezuela, Application of Silvio Gutierrez, to Quash a Subpoena Duces Tecum Dated April 18, 1960 v. Manuel Aristeguieta, Consul General of the Republic of Venezuela, on Behalf of the Republic of Venezuela, Application of Napolen Dupouy, to Quash Two Subpoenas Duces Tecum Dated March 15, 1960 v. Manuel Aristeguieta, Consul General of the Republic of Venezuela, on Behalf of the Republic of VenezuelaCourt of Appeals for the First Circuit · 1960

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3Cited by20 opinions

  1. In Re Extradition of Curtis Andrew Howard. United States of America v. Curtis Andrew HowardCourt of Appeals for the First Circuit · 1993
  2. Elijah Ephraim Jhirad v. Thomas E. Ferrandina, United States Marshal, Southern District of New YorkCourt of Appeals for the Second Circuit · 1976
  3. Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the Southern District of New YorkCourt of Appeals for the Second Circuit · 1973
  4. Marcos Perez Jimenez v. Manuel Aristeguieta, Intervenor, and John E. MaguireCourt of Appeals for the Fifth Circuit · 1962
  5. Paolo Lo Duca v. United StatesCourt of Appeals for the Second Circuit · 1996

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