V I R G I N I A :

         IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY


RAM AVRAHAMI,                      :
                                   :
               Plaintiff,          :
                                   :
v.                                 :    Case No. 95-7479
                                   :
U.S. NEWS & WORLD REPORT, INC.,    :
                                   :
               Defendant.          :


                   DEFENDANT U.S. NEWS' MOTION
                  TO QUASH SUBPOENA DUCES TECUM

     Defendant U.S. News & World Report, Inc. ("U.S. News") hereby
moves this Court pursuant to Va. Code # 8.01-277 to quash the
subpoena duces tecum which was mailed by plaintiff Ram Avrahami
("Avrahami") to counsel for U.S. News in Virginia and handed to an
administrative assistant for U.S News in the District of Columbia.

     This action was commenced in July 1995. Avrahami alleges that
defendant U.S. News violated Va. Code # 8.01-40 and committed
common law conversion by "renting" a mailing list allegedly
containing Avrahami's name to the Smithsonian magazine.

     Trial has been scheduled for February 6, 1996.  on January 16,
1996, Avrahami mailed a copy of a subpoena duces tecum to counsel
for defendant U.S. News in Virginia and subsequently, on January
25, 1996,  had it delivered to a U.S. News administrative assistant
in Washington, D.C.  A copy is attached hereto as Exhibit A.

     Virginia Code # 16.1-69.25 provides that a district court
judge may issue subpoenas "within the scope of his general
jurisdiction within the area which his court serves...." 
Washington, D.C. is beyond the jurisdictional reach of the General
District Court of Arlington County.  Consequently, the General
District Court does not have the power to enforce a subpoena duces
tecum served in Washington, D.C.  Indeed, it is hornbook law that
"[s]ervice of a subpoena of a state court outside the state where
it is issued is a nullity...."  97 C.J.S. Witnesses #23 at 375
(1957) (footnote omitted).  The mailing of a copy to U.S. News'
counsel in Virginia is equally inadequate.  It is well settled
that, "[t]he service of a subpoena must in all cases be personal." 
Id. at 374.  See also Va. Code ## 8.01-292, 293, 295.

     Further, U.S. News objects to the subpoena on the grounds that
it is unduly burdensome, overbroad, seeks documents that are
irrelevant to this action, and seeks information that is
confidential and proprietary.  For example, a "U.S. News mailing
list" contains proprietary, confidential business information. 
Further, a U.S. News mailing list containing Ram Avrahami's name is
irrelevant to this action.  It is not in dispute that Avrahami is
on U.S. News' list of subscribers.

     For the foregoing reasons, defendant U.S. News & World Report
respectfully requests this Court enter an order quashing Avrahami's
subpoena duces tecum.

Dated:  February 2, 1996           Respectfully submitted,
                                   U.S. NEWS AND WORLD REPORT, INC.
                                   By Counsel

SHAW, PITTMAN, POTTS & TROWBRIDGE

By:    /s/
   David G. Fiske, VSB #14511
   Lori Vaughn Ebersohl, VSB #38302
   115 South Union Street
   Alexandria, Virginia 22314
   (703) 739-6650

   Counsel for U.S. News and World Report, Inc.



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