United States v. Price

GEE, Circuit Judge:

The issue for decision is whether the district court erred when it granted a petition to perpetuate testimony pursuant to *1194Rule 27, Federal Rules of Civil Procedure. It is settled in our circuit that such orders are appealable and that the standard by which we review them is abuse of discretion. Shore v. Acands, Inc., 644 F.2d 386 (5th Cir.1981).

Appellee-Petitioner Price is an art collector who is compiling material for a book about the art of Adolf Hitler. His co-petitioner von Schirach is the daughter of Hitler’s official photographer, Heinrich Hoffmann. At the close of…