UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
______________________________
No. 99-10110
Summary Calendar
______________________________
In Re: NATIONSBANK, N.A.,
PETITIONER
___________________________________________________
Petition for Writ of Mandamus to the United States District Court
for the Northern District of Texas
(B-93-CV-140)
___________________________________________________
February 10, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
BY THE COURT:*
Petitioner Nationsbank, N.A. seeks a writ of mandamus and/or
prohibition compelling the district court to vacate certain
portions of orders compelling production and to prohibit further
attempts to seek or compel production of such information and
documents.
The mandamus remedy is an extraordinary one, granted only in
the clearest and most compelling cases in which the party seeking
mandamus shows no other adequate means exist to attain the
requested relief and that the right to issuance is clear and
indisputable. See In re Willy, 831 F.2d 545, 549 (5th Cir. 1987).
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published
and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
In the present case, there are other adequate means for Nationsbank
to avoid a violation of federal law and still comply with the
court’s January 13 order. By its very terms, the order states that
“if defendant considers compliance to be an impossibility, then
defendant shall specifically so state, advising why compliance is
impossible.” Specifically in regards to paragraph number four of
which petitioner now complains, it states that “[i]f defendant has
no such documents, it shall so certify.” We therefore do not agree
that petitioner’s only avenue of compliance requires this court to
grant the extraordinary remedy which they have sought.
The petition for a writ of mandamus and/or prohibition is
DENIED.