Palmuth v. United States, No. 9362-9364.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtDENMAN, MATHEWS, and HEALY, Circuit
Citation107 F.2d 975
PartiesPALMUTH et al. v. UNITED STATES. BRAWNER et al. v. SAME. COBBLEDICK et al. v. SAME.
Decision Date18 December 1939
Docket NumberNo. 9362-9364.

107 F.2d 975 (1939)

PALMUTH et al.
v.
UNITED STATES.

BRAWNER et al.
v.
SAME.

COBBLEDICK et al.
v.
SAME.

Nos. 9362-9364.

Circuit Court of Appeals, Ninth Circuit.

November 28, 1939.

Writ of Certiorari Granted December 18, 1939.


Chalmers G. Graham and Felix T. Smith, both of San Francisco, Cal. (Clarence G. Morse, Truman R. Young, and

107 F.2d 976
Pillsbury, Madison & Sutro, all of San Francisco, Cal., of counsel), for appellants

Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., and James V. Hayes, Morris R. Clark, John V. Leddy, Samuel E. Neel, Robert Diller, and George F. Fisher, Jr., Sp. Assts. to Atty. Gen., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

Writ of Certiorari Granted December 18, 1939. See 60 S.Ct. 299, 84 L.Ed. ___.

MATHEWS, Circuit Judge.

These appeals are from orders denying motions to quash subpoenas duces tecum issued out of the District Court of the United States for the Northern District of California. The subpoenas were issued on November 2, 1939, and were directed to (1) Eugene Palmuth, president of Crowe Glass Company, (2) A. H. Brawner, officer and director of W. P. Fuller & Company, and (3) Lloyd N. Cobbledick, vice-president of Cobbledick-Kibbe Glass Company. Thereby each of the persons named was commanded to appear before the court on November 10, 1939, to testify and give evidence before the grand jury, and to bring with him certain letters, telegrams, correspondence, memoranda and other communications exchanged by or passing between the company of which he was an officer and one Sam Goodman.

On November 8, 1939, motions to quash the subpoenas were filed by Palmuth and Crowe Glass Company, Brawner and W. P. Fuller & Company, and Cobbledick and Cobbledick-Kibbe Glass Company, respectively. The motions were denied and notices of appeal were filed on November 9, 1939.

In each of these cases, appellants' brief states: "The jurisdiction of this Court exists by virtue of section 225(a), title 28, of the United States Code Annotated."1 Section 225(a) provides that the circuit courts of appeals shall have appellate jurisdiction to review by appeal "final decisions" in the district courts in all cases save where a direct review of the decision may be had in the Supreme Court under § 345 of title 28.2 The orders here appealed from are not "final decisions," within the meaning of § 225(a), and are not appealable.

The contrary holding, In re Cudahy Packing Co., 2 Cir., 104 F.2d 658, is...

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4 practice notes
  • Cobbledick v. United States Brawner v. Same Palmuth v. Same 8212 573, Nos. 571
    • United States
    • United States Supreme Court
    • February 26, 1940
    ...court. From the denial of these motions petitioners sought review by way of appeal to the Circuit Court of Appeals for the Ninth Circuit, 107 F.2d 975. That court found itself to be without jurisdiction and dismissed the appeals. We brought the cases here, 308 U.S. 547, 60 S.Ct. 299, 84 L.E......
  • Winder v. Consolidated Underwriters, No. 9002.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 15, 1940
    ...specifically provides "the burden of proof shall be upon the party claiming compensation." We cannot agree with this view. The statute 107 F.2d 975 merely imposes the burden. It does not undertake to deal with the nature or quantum of the evidence necessary to discharge Appellee's second po......
  • Employers Mut. Liability Ins. Co. v. Konvicka, Civ. A. 5051.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 2, 1951
    ...art. 8306 et seq., be regarded as undertaken in the course of his employment. Federal Surety Co. v. Ragle, Tex.Com.App., 40 S.W.2d 63." 107 F.2d 975. In Petroleum Casualty Co., v. Green, Tex.Civ.App., 11 S.W.2d 388, 390, it was held that an employee who was injured when cranking a co-employ......
  • O'CONNOR v. O'CONNELL, No. 5267.
    • United States
    • U.S. Court of Appeals — First Circuit
    • March 20, 1958
    ...was a "final decision" and hence appealable to a court of appeals. The Circuit Court of Appeals for the Ninth Circuit, Palmuth v. U. S., 107 F.2d 975, had held that the order was not a final decision and the Supreme Court affirmed. But in doing so the Court was careful to distinguish, not t......
4 cases
  • Cobbledick v. United States Brawner v. Same Palmuth v. Same 8212 573, Nos. 571
    • United States
    • United States Supreme Court
    • February 26, 1940
    ...court. From the denial of these motions petitioners sought review by way of appeal to the Circuit Court of Appeals for the Ninth Circuit, 107 F.2d 975. That court found itself to be without jurisdiction and dismissed the appeals. We brought the cases here, 308 U.S. 547, 60 S.Ct. 299, 84 L.E......
  • Winder v. Consolidated Underwriters, No. 9002.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 15, 1940
    ...specifically provides "the burden of proof shall be upon the party claiming compensation." We cannot agree with this view. The statute 107 F.2d 975 merely imposes the burden. It does not undertake to deal with the nature or quantum of the evidence necessary to discharge Appellee's second po......
  • Employers Mut. Liability Ins. Co. v. Konvicka, Civ. A. 5051.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 2, 1951
    ...art. 8306 et seq., be regarded as undertaken in the course of his employment. Federal Surety Co. v. Ragle, Tex.Com.App., 40 S.W.2d 63." 107 F.2d 975. In Petroleum Casualty Co., v. Green, Tex.Civ.App., 11 S.W.2d 388, 390, it was held that an employee who was injured when cranking a co-employ......
  • O'CONNOR v. O'CONNELL, No. 5267.
    • United States
    • U.S. Court of Appeals — First Circuit
    • March 20, 1958
    ...was a "final decision" and hence appealable to a court of appeals. The Circuit Court of Appeals for the Ninth Circuit, Palmuth v. U. S., 107 F.2d 975, had held that the order was not a final decision and the Supreme Court affirmed. But in doing so the Court was careful to distinguish, not t......

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