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CF & I STEEL CORP. v. MITSUI & CO. (U.S.A.), INC.

No. 83-1572.

713 F.2d 494 (1983)

CF & I STEEL CORPORATION, a Colorado corporation, Plaintiff-Appellant, v. MITSUI & CO. (U.S.A.), INC., a New York corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1983.

Attorney(s) appearing for the Case

Gilbert Serota, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendant-appellant.

Thomas S. Nichols, Davis, Graham & Stubbs, Denver, Colo., for plaintiff-appellee.

Before BARNES, GOODWIN, and ANDERSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Appellant, CF & I Steel Corporation, seeks review of an order quashing a subpoena duces tecum served by it on three individuals represented by Mitsui & Co. (U.S.A.), Inc. The district court held the subpoenas were invalid because no witness fees or mileage allowances were tendered when the subpoenas were served. Fed.R.Civ.P. 45(c). We affirm.

FACTS

In July, 1982, CF & I sued Mitsui in the district court...

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