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HERAEUS KULZER GMBH v. BIOMET, INC.

Nos. 09-2858, 10-2639.

633 F.3d 591 (2011)

Applications of HERAEUS KULZER, GmbH, for Orders Compelling Discovery for Use in a Foreign Proceeding, Applicant-Appellant, v. BIOMET, INC., et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 2011.

Attorney(s) appearing for the Case

Lawrence D. Rosenberg (argued), Attorney, Jones Day , Washington, DC, for Applicant-Appellant.

William N. Howard (argued), Attorney, Freeborn & Peters LLP, Chicago, IL, for Respondents-Appellees.

Before BAUER and POSNER, Circuit Judges, and PALLMEYER, District Judge.

POSNER, Circuit Judge.

This is an appeal from orders by the district court denying applications to compel discovery for use in a lawsuit pending in a foreign court. (To simplify, we'll pretend there was one application and one order.) Although orders granting or denying motions to compel discovery normally are nonfinal and therefore appealable only in extraordinary circumstances, the orders in this case are final because there is no pending litigation in the district...

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