Doble

An application for leave to file a petition for writ of mandamus or prohibition directed to the United States District Court and a judge thereof has been presented ex parte. The application is alleged to have been based upon 28 U.S.C.A. § 1651 . It is recited that in a pending patent case, numbered 13289-T.C., (neither the title of the case nor the names of the parties thereto being mentioned) an order was entered by the judge directing petitioner to come to Los Angeles to permit his deposition to be taken there. Petitioner is a witness. He is not a party. In the words of the petition, his “only connection with the defendants in the aforesaid action is that he has been retained as an expert witness.” He states he lives in Atherton, California, and practices his profession as an engineer in Menlo Park, California, which are outside the Southern District of California and more than four hundred miles from Los Angeles.

If the service of a subpoena on a witness outside the District and more than one hundred miles from the place of trial is unjustified by any statute and is contrary to the plain language of Rule *735 45(e) (1), Federal Rules of Civil Procedure, 28 U.S.C.A., and…