Opinion
No. 3759.
April 18, 1949. Rehearing Denied May 18, 1949.
Appeal from the United States District Court for the Northern District of Oklahoma; Royce H. Savage, Judge.
Action by the Carter Oil Company, a corporation, against W.A. Delaney, Jr., Glen S. Dille and the Zephyr Drilling Company, a corporation, for a declaration of rights of all parties under an oil and gas development contract, wherein defendants Delaney and Zephyr Company cross-claimed against defendant Dille. From an order of the trial court directing him to submit to depositions, defendant Dille appeals.
Appeal dismissed.
Haskell Paul, of Pauls Valley, Okla., for appellant.
A.W. Trice, of Ada, Okla. (Connors, Winters, Lee Randolph, of Tulsa, Okla., on the brief), for appellees.
Before BRATTON, HUXMAN and MURRAH, Circuit Judges.
In this case, Glen S. Dille has appealed from an order of the trial court directing him to submit to depositions in Delaney v. Carter Oil Company, 10 Cir., 174 F.2d 314. His contention is that the court not having jurisdiction of the subject matter, it was not empowered to compel him to submit to depositions, or to produce records under a subpoena duces tecum.
It is well settled that an order requiring a person to give his depositions, and in connection therewith to produce pertinent documents is not a final order or judgment from which an appeal may be taken. Alexander v. United States, 201 U.S. 117, 26 S.Ct. 356, 50 L.Ed. 686; In re Cudahy Packing Co., 2 Cir., 104 F.2d 658; National Nut Co. v. Kelling Nut Co., 7 Cir., 134 F.2d 532; Thomas French Sons v. International Braid Co., 1 Cir., 146 F.2d 735.
The appeal is therefore dismissed.