Belships Co., Ltd, Skibs A/s v. The Republic of France

Second Circuit

Belships Co., Ltd, Skibs A/s v. The Republic of France

184 F.2d 119, 1950 A.M.C. 1625

CourtCourt of Appeals for the Second Circuit

DecidedAugust 30, 1950

Docket21752_1

StatusPublished

Cited by7 cases

This text of 184 F.2d 119 (Belships Co., Ltd, Skibs A/s v. The Republic of France) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Belships Co., Ltd, Skibs A/s v. The Republic of France, 184 F.2d 119, 1950 A.M.C. 1625 (2d Cir. 1950).

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Opinion

PER CURIAM.

While we have authority to issue one of the extraordinary writs here prayed for in aid of our appellate jurisdiction, we have been admonished that this should be done only when necessary in extraordinary cases, and not as a means of interlocutory appeal. Ex parte Fahey, 332 U.S. 258, 67 S.Ct. 1558, 91 L.Ed. 2041; Bank Line v. United States, 2 Cir., 163 F.2d 133. We fail to see how the taking of depositions of witnesses who have their own remedy if they are improperly subpoenaed and whose testimony has not yet been and may never he offered in evidence at the trial satisfies these standards. Accordingly we dismiss the petition.

Petition dismissed.

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PER CURIAM.

While we have authority to issue one of the extraordinary writs here prayed for in aid of our appellate jurisdiction, we have been admonished that this should be done only when necessary in extraordinary cases, and not as a means of interlocutory appeal. Ex parte Fahey, 332 U.S. 258, 67 S.Ct. 1558, 91 L.Ed. 2041; Bank Line v. United States, 2 Cir., 163 F.2d 133. We fail to see how the taking of depositions of witnesses who have their own remedy if they are improperly subpoenaed and whose testimony has not yet been and may never he offered in evidence at the trial satisfies these standards. Accordingly we dismiss the petition.

Petition dismissed.

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184 F.2d 119, 1950 A.M.C. 1625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belships-co-ltd-skibs-as-v-the-republic-of-france-ca2-1950.

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