Belships Co., Ltd, Skibs A/s v. The Repub. of France, 184 F.2d 119 (2d Cir. 1950).
Search
Belships Co., Ltd, Skibs A/s v. The Repub. of France, 184 F.2d 119 (2d Cir. 1950). Book View Copy Cite
Belships Co., Ltd, Skibs A/s,
v.
the Republic of France
21752_1.
Court of Appeals for the Second Circuit.
Aug 30, 1950.
184 F.2d 119
Charles S. Haight, New York City (Haight, Deming, Gardner, Poor & Havens, and Pyne, Lynch & Smith, Anthony V. Lynch, Jr., and Joseph A. Schimski, all of New York City, on the brief), for petitioner., Fowler Hamilton, New York City (Cleary, Gottlieb, Friendly & Cox, Jerome E. Hyman, and Harold P. Thomson, Jr., all of New York City, and George Ball, Washington, D. C., on the brief), for respondentlibellant.
Swan, Clark, Frank.
Cited by 7 opinions  |  Published
PER CURIAM.

While we have authority to issue one of the extraordinary writs here prayed for in aid of our appellate jurisdiction, we have been admonished that this should be done only when necessary in extraordinary cases, and not as a means of interlocutory appeal. Ex parte Fahey, 332 U.S. 258, 67 S.Ct. 1558, 91 L.Ed. 2041; Bank Line v. United States, 2 Cir., 163 F.2d 133. We fail to see how the taking of depositions of witnesses who have their own remedy if they are improperly subpoenaed and whose testimony has not yet been and may never he offered in evidence at the trial satisfies these standards. Accordingly we dismiss the petition.

Petition dismissed.