Perlman v. United States, No. 752

CourtUnited States Supreme Court
Writing for the CourtMcKENNA
Citation38 S.Ct. 417,62 L.Ed. 950,247 U.S. 7
PartiesPERLMAN v. UNITED STATES
Decision Date06 May 1918
Docket NumberNo. 752

247 U.S. 7
38 S.Ct. 417
62 L.Ed. 950
PERLMAN

v.

UNITED STATES.

No. 752.
Argued April 18, 1918.
Decided May 6, 1918.
Decided May 6, 1918.

Page 8

Appeal and error to review an order denying petition of Perlman to restrain and enjoin the United States attorney for the Southern district of New York from taking into his possession or custody certain exhibits which had been impounded and deposited by order of the district court for that district with the clerk of the court.

In support of the relief prayed Perlman alleges the following facts, which we state narratively: He is the inventor of a device known in the market as a demountable rim, its purpose being to mount and carry an inflated pneumatic tire upon a metallic rim, which contains locking devices for attachment to the wheels of automobiles and other vehicles.

He brought suit for infringement against the Standard Welding Company, and, issue being joined, there was a judgment for him against the company, which was affirmed by the Court of Appeals. (D. C.) 231 Fed. 453, 231 Fed. 734, 146 C. C. A. 18. At the trial of the cause certain exhibits hereinafter referred to were offered by him which were and are his personal property and have been continuously in his possession or in the possession of those who represent him.

Subsequently he, with others, formed a corporation known as the Perlman Rim Corporation, which, among other things, undertook to market the patented device.

n March, 1916, he assigned the letters patent to the corporation, but not the exhibits above mentioned.

In February, 1917, the corporation, being advised that the Firestone Tire & Rubber Company was infringing the device, brought suit against the company for infringement, which came up for trial before Judge Hand. After final submission of the case the plaintiff, the Perlman Rim Corporation, through its counsel, asked leave to discontinue the action and for its dismissal without prejudice.

Page 9

The motion was granted, but the condition was imposed that the evidence be perpetuated and the exhibits impounded in the custody of the clerk, to be kept under seal subject to the order of the court.1 The exhibits were part of those heretofore referred to and used on the trial before Judge Hunt.

July 17, 1917, Perlman ascertained from the attorney for the corporation that the attorney had been served with a copy of an order signed by Judge Hand, directing him, the attorney for the corporation, and the attorney for the Firestone Company to appear and show cause why the United States attorney should not have and be given possession of the exhibits as the United States attorney had instituted proceedings against Perlman which involved the question whether he had committed an offense against the United States. The attorney for the corporation also told Perlman that he had not opposed the motion and that the attorney for the Firestone Company had not appeared; that, therefore, the order would be entered as a matter of course.

The application of the United States attorney was based

Page 10

on an affidavit of one Harold Harper, an assistant to the United States attorney, which charged, among other things, that the exhibits were material and necessary in an investigation pending before The grand jury and for preparation for trial in case an indictment should be found.

The exhibits are his, Perlman's, personal property and the use of them by the grand jury and the United States attorney as contemplated would be in violation of his rights and unwarranted in law; they were impounded in a suit to which he was not a party, but a witness, and he had not consented thereto or been heard by counsel.

He prayed for an order upon all the parties concerned to show cause why an order should not be made directing the clerk to deliver to him, Perlman, the exhibits and that the United States attorney be restrained from using them, and that unless such stay be granted, his rights would be seriously invaded and he would be compelled to furnish evidence against himself in a criminal proceeding, all without due process of law.

A schedule of the exhibits is attached to the petition and shows them to be not only matters in writing, such as bills, letters and checks, but models of wheels, rim-carrying tires, and of other implements and tools, and the patent upon which the suit was brought.

Before the filing of the petition an order had been granted upon motion of the United States attorney directing the clerk to produce the exhibits before the grand jury. The order further directed that the United States attorney have access to the exhibits at all reasonable times and that if an indictment should be found against Perlman the United States attorney might have such temporary custody of the exhibits or any part thereof as might be necessary for the purpose, under such regulations as the clerk might make.

Upon the filing of Perlman's petition an order was granted restraining the use of the exhibits until the

Page 11

hearing of the petition. Subsequently, upon the hearing, and Perlman having withdrawn so much of his application as related to the return of the exhibits to him, the court, Judge Manton sitting, denied the relief prayed for against the use of the exhibits by the United States attorney or their presentation to the United States grand jury.

The order recited that it was made upon the order of Judge Hand, the petition of Perlman and the affidavit of Harper.

The affidavit gives some detail that Perlman's petition does not. It states that Perlman testified that he had been president of the Perlman Rim Corporation since its formation and further that he gave testimony in respect to the alleged invention which was the subject of the patent, and that in the course of his...

To continue reading

Request your trial
373 practice notes
  • U.S. v. Chagra, Nos. 82-1263
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 14, 1983
    ...(3d Cir.1980); Overby v. United States Fidelity & Guaranty Co., 224 F.2d 158, 162 (5th Cir.1955). 6 See, e.g., Perlman v. United States, 247 U.S. 7, 12, 38 S.Ct. 417, 419, 62 L.Ed. 950, 952 (1918) (owner may appeal order releasing civil case exhibits to government for use in grand jury proc......
  • Grand Jury, In re, No. 79-2221
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 17, 1980
    ...been addressed, moves to quash the subpoena, the denial of his motion disposes of his claim fully and finally. Perlman v. United States, 247 U.S. 7, 38 S.Ct. 417, 62 L.Ed. 950 (1918). See also Gravel v. United States, 408 U.S. 606, 608 n. 1, 92 S.Ct. 2614, 2618, 33 L.Ed.2d 583 (1972); Unite......
  • National Super Spuds, Inc. v. New York Mercantile Exchange, Nos. 343
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • January 17, 1979
    ...employee, to submit to a citation of civil contempt. 6 Because of this, CFTC argues its case resembles Perlman v. United Page 178 States, 247 U.S. 7, 38 S.Ct. 417, 62 L.Ed. 950 Perlman was an unusual case. The papers and models there at issue were exhibits alleged to belong to Perlman which......
  • U.S. v. Moussaoui, No. 06-4611.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 14, 2007
    ...mischief of the order but must accept its incidence and seek a remedy at some other time and in some other way." Perlman v. United States, 247 U.S. 7, 13, 38 S.Ct. 417, 62 L.Ed. 950 Although we conclude that the Government's appeal fits nicely within the collateral order doctrine, we also m......
  • Request a trial to view additional results
373 cases
  • U.S. v. Chagra, Nos. 82-1263
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 14, 1983
    ...(3d Cir.1980); Overby v. United States Fidelity & Guaranty Co., 224 F.2d 158, 162 (5th Cir.1955). 6 See, e.g., Perlman v. United States, 247 U.S. 7, 12, 38 S.Ct. 417, 419, 62 L.Ed. 950, 952 (1918) (owner may appeal order releasing civil case exhibits to government for use in grand jury proc......
  • Grand Jury, In re, No. 79-2221
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 17, 1980
    ...been addressed, moves to quash the subpoena, the denial of his motion disposes of his claim fully and finally. Perlman v. United States, 247 U.S. 7, 38 S.Ct. 417, 62 L.Ed. 950 (1918). See also Gravel v. United States, 408 U.S. 606, 608 n. 1, 92 S.Ct. 2614, 2618, 33 L.Ed.2d 583 (1972); Unite......
  • National Super Spuds, Inc. v. New York Mercantile Exchange, Nos. 343
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • January 17, 1979
    ...employee, to submit to a citation of civil contempt. 6 Because of this, CFTC argues its case resembles Perlman v. United Page 178 States, 247 U.S. 7, 38 S.Ct. 417, 62 L.Ed. 950 Perlman was an unusual case. The papers and models there at issue were exhibits alleged to belong to Perlman which......
  • U.S. v. Moussaoui, No. 06-4611.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 14, 2007
    ...mischief of the order but must accept its incidence and seek a remedy at some other time and in some other way." Perlman v. United States, 247 U.S. 7, 13, 38 S.Ct. 417, 62 L.Ed. 950 Although we conclude that the Government's appeal fits nicely within the collateral order doctrine, we also m......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT