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UNITED STATES v. RMI CO.

No. 78-2691.

599 F.2d 1183 (1979)

UNITED STATES of America v. RMI COMPANY et al. NL INDUSTRIES, INC., Petitioner, v. Hon. Daniel J. SNYDER, Jr., United States District Judge for the Western District of Pennsylvania, Respondent.

United States Court of Appeals, Third Circuit.

Decided May 2, 1979.

Attorney(s) appearing for the Case

John H. Shenefield, Asst. Atty. Gen., Mark Manner (argued), Barry Grossman, William D. Coston, Attys., Dept. of Justice, Washington, D. C., for respondent; Robert W. Wilder, Patricia G. Chick, Attys., Dept. of Justice, Washington, D. C., of counsel.

Sanford M. Litvack (argued), John H. Wilkinson, Donovan, Leisure, Newton & Irvine, New York City, Patrick T. Ryan, Drinker, Biddle & Reath, Philadelphia, Pa., for NL Industries, Inc.

Haliburton Fales, 2nd, White & Case, New York City, Breed, Abbott & Morgan, New York City, James P. Markle, Pittsburgh, Pa., for defendant RMI.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and MARKEY, Chief Judge of the Court of Customs and Patent Appeals.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

We here consider a petition by NL Industries, Inc. (NL) for a writ of mandamus to compel the nominal respondent, Daniel J. Snyder, Jr., District Judge, to consider the merits of NL's motion for a protective order respecting certain documents. The documents were furnished to a grand jury by NL, pursuant to a subpoena. When the grand jury indicted several parties, not including NL, the government proposed to disclose...

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