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Legal Opinion

United States v. 11,950 Acres of Land

Court of Appeals for the Fifth Circuit

Decided July 11, 1995No. 95-40207, 95-40230PublishedCited by 20 opinions

1Opinion of the Court

FITZWATER, District Judge:

This petition for a writ of mandamus challenges an order of a magistrate judge declining to quash notices of deposition issued to three members of the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”). The question presented is whether the magistrate judge clearly abused his discretion by permitting the depositions in the absence of findings of, and of a basis to find, exceptional circumstances. We hold that he did, and therefore grant the petition.

I

Petitioner FDIC seeks relief from an order of a magistrate judge 1 in a condemnation action…

2Cases cited14 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. United States v. MorganSupreme Court of the United States · 1941
  3. Richard L. Conkling v. Bert S. TurnerCourt of Appeals for the Fifth Circuit · 1994
  4. United States v. Roy E. WalkerCourt of Appeals for the Fifth Circuit · 1985
  5. In re Fibreboard Corp.Court of Appeals for the Fifth Circuit · 1990

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3Cited by20 opinions

  1. In Re Federal Deposit Insurance Corporation, United States of America v. 11,950 Acres of Land, More or Less, Located in Cameron County, Texas, First Heights Bank, Defendant-Counter State of Texas Cameron County Tax Assessor-Collector, and Pacific Union Company, Point Isabel Independent School District, Cross Claimants-Appellees v. Federal Deposit Insurance Corporation, as Manager of the Fslic Resolution Fund (Fdic), Cross Joe G. Sanders, Trustee, Kathy Grady, C.L. Ballard, Playa Del Rio Inc., Kmg Enterprises, and Pacific Union Company, CrossCourt of Appeals for the First Circuit · 1995
  2. In Re: Ken PaxtonCourt of Appeals for the Fifth Circuit · 2023
  3. NEC Corp. v. U.S. Department of CommerceUnited States Court of International Trade · 1997
  4. In Re: Ken PaxtonCourt of Appeals for the Fifth Circuit · 2022
  5. Blankenship v. Fox News Network, LLCDistrict Court, S.D. West Virginia · 2020

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