United States v. Horace Meyer

The United States instituted this proceeding to. condemn privately-held land within the boundaries of Yosemite National Park, California. Appellee-land-owner issued notices under Rule 26, Federal Rules of Civil Procedure, for the taking of the depositions of three real estate appraisers employed by the government to appraise the condemned property, and served each appraiser with a subpoena under Rule 45(b) calling for the production of documents relating to the action.

The government moved under Rule 30 (b) for a protective order to provide as follows:

Judge Halbert denied the motion, supporting his order with a full and careful opinion. United States v. 364.82 Acres of Land, etc., 38 F.R.D. 411 (N.D. Cal.1965). This court denied the government’s application for interlocutory appeal under 28 U.S.C: § 1292(b) (1964) on the authority of United States v. Woodbury, 263 F.2d 784 (9th Cir. 1959).

The witnesses appeared at the time and place fixed for the taking of their depositions, but declined to answer questions or produce documents whenever in the opinion of government counsel the discovery sought would have been barred by the protective order which the government had requested…