Legal Opinion
Inalouise Cates v. Ltv Aerospace Corporation, Department of the Navy
Court of Appeals for the Fifth Circuit
Decided June 26, 1973No. 72-2954PublishedCited by 47 opinions
1Opinion of the Court
BELL, Circuit Judge:
This case involves the validity of an order which required the Department of the Navy to produce an Aircraft Accident Report relating to the crash of a Navy plane in Okinawa. We are asked to determine on' this appeal a question of first impression: whether F.R.Civ.P. 30(b)(6) 1 can be used to obtain documents in custody of the head of a non-party government agency in Washington, D. C. by service of a subpoena duces tecum upon a. local representative of the agency in Dallas, Texas. We conclude that it cannot be so used.
The proceedings which led to the lower court’s…
2Cases cited10 opinions
- United States Ex Rel. Touhy v. RagenSupreme Court of the United States · 1951
- Boske v. ComingoreSupreme Court of the United States · 1900
- Jack S. MacHin v. Eugene M. Zuckert, Secretary of the Air ForceCourt of Appeals for the D.C. Circuit · 1963
- Morris Allen Kent, Jr. v. Curtis Reid, Superintendent, District of Columbia Jail, Morris Allen Kent, Jr. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1963
- A. N. Overby, Acting Secretary of the Treasury v. United States Fidelity and Guaranty Company and the First National Bank of AuburnCourt of Appeals for the First Circuit · 1955
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3Cited by47 opinions
- Federal Deposit Insurance v. ButcherDistrict Court, E.D. Tennessee · 1986
- Prokosch v. Catalina Lighting, Inc.District Court, D. Minnesota · 2000
- Branch v. Phillips Petroleum Co.Court of Appeals for the Fifth Circuit · 1981
- Securities & Exchange Commission v. MorelliDistrict Court, S.D. New York · 1992
- Alabama Education Ass'n v. BentleyCourt of Appeals for the Eleventh Circuit · 2015
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