Apex Hosiery Co. v. Leader

102 F.2d 702 (3d Cir. 1939)

What's Going On?

Defendants seek review of an order requiring them to produce certain documents for use by Plaintiff at trial pursuant to FRCP 34 in an action for treble damages under the Sherman Antitrust Act.

Who's Who?

Plaintiff     :

Apex Hosiery Co. – hosiery company.

Defendants :

Leader – [president of the local hosiery workers' union]; [et al].

Facts:

In an action for treble damages under the Sherman Antitrust Act, the court below, pursuant to FRCP 34, ordered that Defendants produce certain documents to be inspected, copied, and photographed by Plaintiff for use at trial. Defendants appealed.

Issue:

May an order to produce documents for inspection by a plaintiff pursuant to FRCP 34 be appealed?

Decision:

No. An order to produce documents for inspection by the plaintiff(s) is not a final decision of the court. Because the order is not a final ruling, it is interlocutory in nature. An interlocutory order may not be appealed unless it is an order punishing a party criminally for contempt. The order in this case was drafted in a manner that will prevent Plaintiff from wrongfully prying into Defendants' affairs. Dismissed.

Basic Rule:

An interlocutory order may not be appealed.

Terms:

Interlocutory Order :

An order that determines an intermediate issue in a case; or any order that is not final.

Subpoena Duces Tecum :

A subpoena that orders a witness to appear in court or at a deposition and to bring certain documents.

Treble Damages :

Damages that are three times the amount of damages determined by the judge or jury.

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