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FREEHILL v. LEWIS

Nos. 10259, 10302.

355 F.2d 46 (1966)

Mary Jo FREEHILL, Petitioner, v. Honorable Oren R. LEWIS, Judge of the United States District Court for the Eastern District of Virginia, Respondent. Mary Jo FREEHILL, Appellant, v. James T. BENN, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1966.

Attorney(s) appearing for the Case

Richard M. Millman, Washington, D. C., for petitioner in No. 10,259 and appellant in No. 10,302.

Norbert J. Heubusch, Arlington, Va. (Heubusch & Heubusch, Arlington, Va., on brief), for appellee in No. 10,302 and John D. Schmidtlein, Asst. U. S. Atty., for respondent in No. 10,259.

Before HAYNSWORTH, Chief Judge, and BOREMAN and J. SPENCER BELL, Circuit Judges.

PER CURIAM:

This application for a writ of mandamus and an appeal present a question of the propriety of an order restricting pretrial discovery.

On September 3, 1964, a complaint was filed, seeking in the first count, recovery on a default judgment entered in a state court in Florida and, in a second count, recovery upon the substantive cause of action underlying the Florida judgment. The defendant, Benn, responded with a motion to dismiss the first count...

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