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WIWA v. ROYAL DUTCH PETROLEUM CO.

No. 03-21222.

392 F.3d 812 (2004)

Ken WIWA, Individually and as Executor of the Estate of His Deceased Father, Ken Saro-Wiwa; Owens Wiwa; Blessing Kpuinen, Individually and as the Administratrix of the Estate of Her Husband, John Kpuinen; Jane Doe, Plaintiffs-Appellants, v. ROYAL DUTCH PETROLEUM COMPANY; Shell Transport & Trading Company, P.L.C., Defendants-Appellees, Victor Oteri, Appellee.

United States Court of Appeals, Fifth Circuit.

December 7, 2004.

Attorney(s) appearing for the Case

Stephen A. Whinston (argued), Berger & Montague, Philadelphia, PA, Theodore Carl Anderson, Kilgore & Kilgore, Dallas, TX, for Plaintiffs-Appellants.

Ike Nkem Atah Waobikeze (argued), Waobikeze & Associates, Houston, TX, for Appellee.

Before REAVLEY, WIENER, and BENAVIDES, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Esther Kiobel appeals the district court's order denying her motion to compel attendance and to produce documents and quashing the subpoena duces tecum directed to Victor Oteri, a non-party to the underlying class action suit pending in the United States District Court for the Southern District of New York. We reverse and remand for further proceedings consistent with this opinion.

I. FACTS AND PROCEEDINGS

...

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