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United States: Court of Appeals for the Tenth Circuit Decision in Re: Westinghouse Electric Corporation Uranium Contracts Litigation (Compliance with Discovery Order; Enforcement of Letters Rogatory in Canada)

Published online by Cambridge University Press:  26 May 2017

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Abstract

Rio Algom Corporation appeals from an order adjudging it, and its president , George R. Albino , to be in will ful and in excusable civil contempt of court for failing to comply with a discovery order of the United States District Court for the District of Utah, Central Division. Rio Algom was ordered to pay into the registry of the court the sum of $10,000, per day, until such time as Rio Algom complied with the order. It was further provided that should Rio Algom fail to pay the ordered fine, the United States Marshal was authorized and directed to enter upon the property of Rio Algom at La Sal, Utah and seize "any and all property of Rio Algom of sufficient value to satisfy the above sums." Our study of the matter leads us to conclude that the trial court erred in holding Rio Algom in contempt and in imposing the severe sanction in connection therewith. We therefore reverse.

Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 17 , Issue 1 , January 1978 , pp. 77 - 92
Copyright
Copyright © American Society of International Law 1978

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References

* [The Decision was filed on October 11, 1977. The dissenting opinion of Judge Doyle appears at I.L.M. page 87.

[The United Kingdom House of Lords Decision in Westinghouse Elect r i c Corporation Uranium Contract Litigation , with regard to the execution of letters rogatory , appears at I.L.M. page 38.]

* Rio Algom filed a notice of appeal from the trial court's order of May 2, 1977, and in connection therewith sought a stay pending disposition of that appeal. By minute order, this Court denied stay pending appeal on the authority of Arthur Andersen & Co. v. Finesilver, 546 F.2d 338 (10th Cir. 1976), cert, denied, U.S. (1977). Implicit in our order was our belief that such appeal was premature. In such circumstance the trial court did not lose jurisdiction of the case and had jurisdiction to hear the contempt matter.

1 Rio Algom Limited, the parent corporation here, is related to Rio Tinto Zinc Corporation Limited, a British corporation which has its principal place of business in London. The Zinc Corporation owns the majority of its stock.

2 Id. at 1.

3 Id. at 17.

4 Id. at 18.

5 Id. at 208-09.