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TEXACO, INC. v. BORDA

No. 16341.

383 F.2d 607 (1967)

TEXACO, INC., Petitioner, v. Charles A. BORDA, t/a C. A. Borda Company, the American Oil Company, the Atlantic-Richfield Company, Chevron Oil Company, Cities Service Company, Cities Service Oil Company, Gulf Oil Corporation, Humble Oil & Refining Company, Mobil Oil Corporation, Sinclair Refining Company, Sun Oil Company, Respondents, and Honorable Anthony T. Augelli, Judge, United States District Court, Nominal Respondent.

United States Court of Appeals Third Circuit.

Decided July 17, 1967.

Attorney(s) appearing for the Case

Michael W. Graney, New York City, for petitioner.

William L. Dill, Stryker, Tams & Dill, Newark, N. J., for all respondents except Borda.

Robert G. Levy, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., for respondents.

Before KALODNER and SEITZ, Circuit Judges, and BODY, District Judge.

OPINION OF THE COURT

KALODNER, Circuit Judge.

Judge Augelli, the nominal respondent,1 by Order dated November 14, 1966, stayed all proceedings, including discovery, in a private anti-trust suit2 brought by the respondent Charles A. Borda against the petitioner Texaco, Inc. and the ten respondent oil companies, pending "determination" of a criminal action...

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