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Sibbach v. Wilson & Co.

United States Supreme Court
312 U.S. 1, 61 S.Ct. 422 (1941)



Hertha Sibbach (plaintiff) was injured in an automobile accident involving Wilson & Co. (Wilson) (defendant). Sibbach sued Wilson for negligence. Wilson moved for an order requiring Sibbach to submit to a physical examination pursuant to Rule 35 of the Federal Rules of Civil Procedure (the Rules), and the court granted the motion. Sibbach refused to comply and was held in contempt under Rule 37. Sibbach appealed to the United States Court of Appeals for the Seventh Circuit. The Seventh Circuit affirmed. Sibbach petitioned the United States Supreme Court and argued that Rule 35 and Rule 37 are invalid because they exceed the mandate of Congress to the Supreme Court in the Rules Enabling Act.

Rule of Law


Holding and Reasoning (Roberts, J.)

Dissent (Frankfurter, J.)

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