Legal Opinion

In Re Office of Inspector General, Railroad Retirement Board, Attorney General of the United States and the United States of America

Court of Appeals for the Fifth Circuit

Decided May 28, 1991No. 91-1433PublishedCited by 40 opinions

1Opinion of the Court

BY THE COURT:

IT IS ORDERED that the petition for writ of mandamus be GRANTED. The district court is instructed to: (1) vacate its order which permits unlimited discovery by Burlington Northern and directs the government to comply with the railroad’s discovery requests; (2) promptly address and decide the action for enforcement of the Inspector General’s administrative subpoena to Burlington Northern; and (3) pending resolution of the enforcement action, defer and suspend all activity, specifically including discovery, in the consolidated suit by Burlington Northern for declaratory judgment,…

2Cases cited8 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  3. United States v. MorganSupreme Court of the United States · 1941
  4. Reisman v. CaplinSupreme Court of the United States · 1964
  5. Simplex Time Recorder Company v. Secretary of Labor, William E. Brock, Secretary of Labor v. Simplex Time Recorder CompanyCourt of Appeals for the D.C. Circuit · 1985

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3Cited by40 opinions

  1. In re StoneCourt of Appeals for the Fifth Circuit · 1993
  2. Nec Corporation and Hnsx Supercomputers, Inc. v. United States and Department of Commerce, and Cray Research, Inc.Court of Appeals for the Federal Circuit · 1998
  3. In Re United States of AmericaCourt of Appeals for the Eleventh Circuit · 1993
  4. Jackson v. United States Department of LaborCourt of Appeals for the Fifth Circuit · 2000
  5. Detoy v. City & County of San FranciscoDistrict Court, N.D. California · 2000

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