SCHLAGENHAUF V. HOLDER
379 U.S. 104 (1964)
NATURE OF THE CASE: This was an action to recover damages for negligence. The writ of
certiorari was issued for the denial of a writ of mandamus seeking to revoke an order for a
mental and physical examination.
FACTS: Passengers injured in a bus collision sued Greyhound (D1), Schlagenhauf (D), the
bus driver, and the owners of the tractor-trailer (D2) with which the bus collided. D2
claimed that the accident was due to D's negligence and moved for a physical and mental
examination of him. D1 cross-claimed against the contract carrier (D3) and D2. D3 filed an
answer to this cross-claim, stating that the collision was caused by D's negligence. D3
petitioned for a mental and physical examination of D under Fed. R. Civ. P. 35; the District
Court granted the petition and ordered D to submit to nine different examinations. D applied
for a writ of mandamus for the mental and physical examinations to be set aside. The Court
of Appeals denied mandamus and the Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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