Legal Opinion

Roy D. Hanley v. James McHugh Construction Company v. Honorable William J. Lynch, United States District Judge, and Elevator Service Company

Court of Appeals for the Seventh Circuit

Decided December 30, 1969No. 17623_1PublishedCited by 17 opinions

1Opinion of the Court

KILEY, Circuit Judge.

Defendant McHugh Construction Company was found guilty of criminal contempt and fined $100.00 for refusal to comply with the district court’s discovery order 1 to produce for Elevator Service Company several statements of witnesses related to Hanley’s personal injury action against McHugh, 2 in which McHugh counterclaimed against Elevator. The statements sought were given by employees of both McHugh and Elevator. We reverse the contempt order.

The main issue presented to us is whether the discovery order upon which the contempt charge is based is valid in light of the…

2Cases cited8 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Schlagenhauf v. HolderSupreme Court of the United States · 1965
  3. Southern Railway Company v. Carl Talmadge LanhamCourt of Appeals for the Fifth Circuit · 1969
  4. Union Tool Co. v. WilsonSupreme Court of the United States · 1922
  5. Hickman v. TaylorCourt of Appeals for the Third Circuit · 1945

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3Cited by17 opinions

  1. United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1980
  2. R. Anthony Marrese and Michael R. Treister v. American Academy of Orthopaedic SurgeonsCourt of Appeals for the Seventh Circuit · 1984
  3. Wood v. BreierDistrict Court, E.D. Wisconsin · 1972
  4. Greater Newburyport Clamshell Alliance v. Public Service Company of New Hampshire, Appeal of Jan SchlichtmannCourt of Appeals for the First Circuit · 1988
  5. R. Anthony Marrese, M.D. And Michael R. Treister, M.D., Plaintiffs v. American Academy of Orthopaedic SurgeonsCourt of Appeals for the Seventh Circuit · 1983

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