UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-60510
Summary Calendar
GLADYS MADISON, Guardian for Viola Williams,
Plaintiff-Appellee,
VERSUS
VINTAGE PETROLEUM, INC.,
Defendant-Appellant,
CONSOLIDATED WITH
HENRY LEE WILLIAMS,
Plaintiff-Appellee,
VERSUS
VINTAGE PETROLEUM, INC.,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
(3:93-CV-663)
May 1, 1996
Before GARWOOD, WIENER and PARKER, Circuit Judges.
PER CURIAM:*
In considering the Motions for Stay Pending Appeal and for
Expedited Appeal, we have reconsidered and now vacate our earlier
order denying Plaintiff's Motion to Dismiss Vintage Petroleum,
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
Inc.'s Purported Notice of Appeal.
The district court ordered that documents of Appellant Vintage
Petroleum, Inc. ("Vintage") be produced. These documents were
submitted to the Mississippi Health Department by Southeastern Norm
Environmental, Inc. and were then, pursuant to a Subpoena Duces
Tecum to a department official, produced at a deposition in this
case and handed over to Vintage. The magistrate judge's order
reflects that these documents are "held under seal by Vintage," and
the district court's order stated that "Vintage is hereby ordered
to produce the aforesaid documents within ten days." Vintage -- a
party to the case and the party claiming the privilege in the
documents -- is the only party ordered to do anything. Its remedy
is to disobey the order and appeal the contempt. See Conkling v.
Turner, 883 F.2d 431 (5th Cir. 1989). We therefore lack
jurisdiction over this interlocutory appeal. Id.
For the foregoing reasons, this appeal is DISMISSED.