Opinion · Court of Appeals for the Second Circuit

Madison-Lewis, Inc., and Gustave Adolph Godinez, for a Writ of Mandamus v. Hon. Lloyd F. MacMahon U. S. District Judge

Madison-Lewis, Inc., & Gustave Adolph Godinez, for a Writ of Mandamus v. Hon. Lloyd F. MacMahon U. S. Dist. Judge, 299 F.2d 256 (2d Cir. 1962)

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1962-02-13
Topic
general

How later courts describe this case

  • order opening files to review by the United States

Citator

UpLaw has not yet analyzed Madison-Lewis, Inc., and Gustave Adolph Godinez, for a Writ of Mandamus v. Hon. Lloyd F. MacMahon U. S. District Judge. The absence of a flag is not a finding that it is good law.

Cited by
16 opinions
MADISON-LEWIS, INC. v. MacMAHON,299 F.2d 256(2nd Cir. 1962)
MADISON-LEWIS, INC., and Gustave Adolph Godinez, Petitioners, for a Writ
of Mandamus v. Hon. Lloyd F. MacMAHON, U.S. District Judge, Respondent.
Docket 27339.
United States Court of Appeals, Second Circuit.
Argued February 5, 1962.
Decided February 13, 1962.
Page 257
Daniel A. Novok, New York City, for petitioners.

Robert M. Morgenthau, U.S. Atty., Southern Dist. of New York, New York City, for respondent.
Before LUMBARD, Chief Judge, and SWAN and WATERMAN, Circuit Judges.
PER CURIAM.
Petitioner seeks to set aside an order made in the case of United States v. Madison-Lewis, Inc. and Gustave A. Godinez, defendants. The indictment charged importation of merchandise from a Danish corporation by means of fraudulent and fake invoices. Defendants moved for leave to take the deposition of the manager of a Danish corporation from which defendants had purchased the goods referred to in the indictment. The motion was granted on condition "that Fedania A/S, the proposed deponent, consent in writing to open its files to search and investigation by the United States."

Though we express no opinion on whether the district court should grant the motion for the taking of a deposition, we grant the petition for writ of mandamus and direct the district judge to expunge from any order he may make to take the deposition of Fedania A/S the condition that the deponent consent to open its files to search and investigation by the United States.
SWAN, Circuit Judge (dissenting).
This petition for mandamus seeks to have us review on the merits an interlocutory order which is not appealable. I think we should deny the petition without discussing the merits. See Fred Benioff Co. v. McCullock, 9 Cir., 133 F.2d 900; Bank Line v. United States, 2 Cir.,163 F.2d 133.