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PENNWALT CORP. v. DURAND-WAYLAND, INC.

No. 82-5897.

708 F.2d 492 (1983)

PENNWALT CORPORATION, Plaintiff-Appellee, v. DURAND-WAYLAND, INC., Defendant; Sunkist Growers, Inc., Non-Party Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1983.

As Amended on Denial of Rehearing September 12, 1983.

Attorney(s) appearing for the Case

William K. Rieber, Fulwider, Patton, Rieber, Lee & Utecht, Los Angeles, Cal., for non-party appellant.

Richard Goette, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for plaintiff-appellee.

Before WRIGHT and SCHROEDER, Circuit Judges, and REED, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Sunkist Growers, Inc., a nonparty in the underlying action, appeals from a district court order that it pay $9,000 in attorney fees to Pennwalt Corporation for failure to comply with a subpoena duces tecum. We conclude that the sanction was not proper under Fed.R.Civ.P. 45, because Sunkist had objected to discovery of the subpoenaed material and the district court had not ordered it to comply. Nor had the district court held a hearing...

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