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KERR v. UNITED STATES DISTRICT COURT

No. 74-1023.

426 U.S. 394 (1976)

96 S.Ct. 2119

48 L.Ed.2d 725

KERR ET AL. v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ET AL.

Supreme Court of United States.

Decided June 14, 1976.

Attorney(s) appearing for the Case

Karl S. Mayer, Deputy Attorney General of California, argued the cause for petitioners. With him on the briefs were Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Derald E. Granberg, John T. Murphy, Jean M. Bordon, Deputy Attorneys General, and Edward P. O'Brien, Assistant Attorney General.

B. E. Bergesen III argued the cause for respondents. With him on the brief was Sidney M. Wolinsky.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Petitioners, defendants in a class action, sought issuance of writs of mandamus from the United States Court of Appeals for the Ninth Circuit to compel the District Court to vacate two discovery orders. The Court of Appeals refused to issue the writs. We hold that in the circumstances of this case—and particularly in light of the availability of an alternative...

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