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CATES v. LTV AEROSPACE CORPORATION

No. 72-2954.

480 F.2d 620 (1973)

Inalouise CATES et al., Plaintiffs-Appellees, v. LTV AEROSPACE CORPORATION et al., Defendants. Department of the Navy, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 26, 1973.

Attorney(s) appearing for the Case

Frank D. McCown, U. S. Atty., Dallas, Tex., for defendant-appellant.

J. Carlisle DeHay, Jr., Dallas, Tex., for LTV.

H. Dudley Chambers, Dallas, Tex., for McDonnell.

Robert M. Greenberg, Dallas, Tex., Walter H. Fleischer, William D. Appler, Dept. of Justice, Washington, D. C., for Goodyear.

James C. Barber, Dallas, Tex., John E. Collins, Irving, Tex., for plaintiffs-appellees.

Before BELL, INGRAHAM and RONEY, Circuit Judges.

BELL, Circuit Judge:

This case involves the validity of an order which required the Department of the Navy to produce an Aircraft Accident Report relating to the crash of a Navy plane in Okinawa. We are asked to determine on this appeal a question of first impression: whether F.R.Civ.P. 30(b)(6)1 can be used to obtain documents in custody of the head of a nonparty government agency in Washington, D. C. by service of a subpoena duces tecum...

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