United States v. Merle W. Moore, Appeal of Lewis Roca Scoville Beauchamp & Linton and Harold R. Scoville, as Collateral Parties

Appellants formerly represented defendant Moore as his attorneys in connection with an investigation of his federal income tax returns. When he failed to respond to statements for fees due and advances made they terminated their relationship. Moore subsequently was indicted for income tax fraud. This appeal is from an order requiring appellants to make certain papers in their files available to Moore and his present attorney.

Moore contends that the order is not appealable, and that the appeal, accordingly, should be dismissed. He relies on Cobbledick v. United States, 309 U.S. 323 , 60 S.Ct. 540 , 84 L.Ed. 783 (1939), where it was held that the denials of motions of certain nonparty witnesses to quash subpoenas duces tecum were not appealable.

We agree. The order here is related to the pending action in the same manner and as closely as an order for discovery would be. For the reasons discussed in Cobbledick it is in the public interest that criminal proceedings not be made subject to interruption in every case while such rights as those here in issue are further litigated upon appeal.

Although the order is not appealable, this court may in its discretion treat the appeal as a…