IN RE JOHN A. MITCHELL, PETITIONER
IN RE JOHN A. MITCHELL, PETITIONER
563 F.2d 143
Court of Appeals for the Fifth Circuit (1977)
Positive Treatment
Cited by 6 cases
Opinion of the Court
BY THE COURT:
IT IS ORDERED that the petition for writ of mandamus, prohibition, certiorari or other appropriate writ and for other relief is GRANTED. The scope of Rule 35, Federal Rules of Civil Procedure is not coextensive with that of Rule 26, Federal Rules of Civil Procedure. Rule 35 requires that examinations be conducted by physicians. Therefore, although the instant petition evinces a discovery order compatible with Rule 26 the order is erroneous in light of Rule 35. See Lavergne v. Davis, 5th Cir., No. 77-2465 [unpublished order] (mandamus granted in similar context).
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Sonnie Wellington Hereford, IV v. Huntsville Bd. OF Educ., 574 F.2d 268 (5th Cir. 1978)
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Pegues v. Morehouse Parish Sch. Bd., 706 F.2d 735 (5th Cir. 1983)
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Mrs. Vella Wright and Miss Saora Myers v. Houston Indep. Sch. Dist., 569 F.2d 1383 (5th Cir. 1978)
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