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United Motion Theatre Company v. Ealand

United States Court of Appeals, Sixth Circuit
Oct 20, 1952
199 F.2d 371 (6th Cir. 1952)

Summary

striking language from the district court's order requiring the production of tax returns and relying on precedent in which courts did not authorize discovery of tax returns partly because the information they contained was available elsewhere

Summary of this case from Shelbyville Hosp. Corp. v. Mosley

Opinion

No. 11243.

October 20, 1952.

Appeal from the United States District Court for the Eastern District of Michigan; Arthur A. Koscinski, Judge.

Alfred A. May and John Sklar, Detroit, Mich., for appellants.

Bevan Walter and George Heideman, Detroit, Mich., for appellee.

Before MARTIN, McALLISTER and MILLER, Circuit Judges.


On the hearing of this appeal counsel for appellee was not present and no brief having been filed on behalf of appellee, the appeal was heard upon the record and the brief and oral argument of attorney for the appellants;

And the Court being advised, it is now ordered that the order of June 22, 1950 herein appealed from be modified by the elimination therefrom of the following words in the second literary paragraph thereof:

"copies of all tax returns (including state employment and Federal Income, excess profits, with-holding, social security, payroll, excise and amusement or admission tax), and all related documents, memoranda and supporting data and all other documents, correspondence, papers, and memoranda kept recorded" and the words "all material" in the sentence starting with the words "Including, without limiting the generality of the foregoing."

And as so modified, the order be and is affirmed. Hickman v. Taylor, 329 U.S. 495, 507, 67 S.Ct. 385, 91 L.Ed. 451; Annotation 8 A.L.R.2d 1134; Garrett v. Fau, D.C., 8 F.R.D. 556; Welty v. Clute, D.C., 2 F.R.D. 429; O'Connell v. Olsen Ugelstadt, D.C., 10 F.R.D. 142.


Summaries of

United Motion Theatre Company v. Ealand

United States Court of Appeals, Sixth Circuit
Oct 20, 1952
199 F.2d 371 (6th Cir. 1952)

striking language from the district court's order requiring the production of tax returns and relying on precedent in which courts did not authorize discovery of tax returns partly because the information they contained was available elsewhere

Summary of this case from Shelbyville Hosp. Corp. v. Mosley

In United Motion Theatre Company v. Ealand (CA 6, 1952), 199 F.2d 371, a contrary view may have been indicated by the United States Court of Appeals for the Sixth Circuit.

Summary of this case from Miller v. Department of Treasury
Case details for

United Motion Theatre Company v. Ealand

Case Details

Full title:UNITED MOTION THEATRE COMPANY, a copartnership, Richard Sloan, and Eugene…

Court:United States Court of Appeals, Sixth Circuit

Date published: Oct 20, 1952

Citations

199 F.2d 371 (6th Cir. 1952)

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