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SCHLAGENHAUF v. HOLDER

No. 14103.

321 F.2d 43 (1963)

Robert L. SCHLAGENHAUF, Petitioner, v. Cale J. HOLDER, United States District Judge for the Southern District of Indiana, Respondent.

United States Court of Appeals Seventh Circuit.

July 23, 1963.

Attorney(s) appearing for the Case

Richard W. Yarling, Indianapolis, Ind., for petitioner.

Erle A. Kightlinger, Indianapolis, Ind., for respondent.

Before KILEY and SWYGERT, Circuit Judges, and GRANT, District Judge.

SWYGERT, Circuit Judge.

Robert L. Schlagenhauf petitions for a writ of mandamus (28 U.S.C. § 1651(a), the All Writs Act) directed to the Honorable Cale J. Holder, district judge. The petition raises an important question respecting the scope of Rule 35, Fed.R. Civ.P.,1 viz., whether a federal district court has the power to order a mental or physical examination of a person who is a defendant in a tort action. We know of no prior...

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