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ASH v. CORT

No. 74-1836.

512 F.2d 909 (1975)

Richard A. ASH, on behalf of himself, and on behalf of Bethlehem Steel Corporation, Plaintiff-Appellant, v. Stewart S. CORT et al., Defendants-Appellees, and Bethlehem Steel Corporation, Nominal Appellee.

United States Court of Appeals, Third Circuit.

Decided February 26, 1975.

Attorney(s) appearing for the Case

Cletus P. Lyman, Lyman & Ash, Philadelphia, Pa., for plaintiff-appellant.

Edwin P. Rome, Jerome R. Richter, William H. Roberts, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., Curtis H. Barnette, Bethlehem, Pa., for defendants-appellees.

Before VAN DUSEN, GIBBONS and HUNTER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) January 24, 1975.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

In this case we must decide whether a district court order denying a motion to perpetuate testimony pending appeal under F.R.Civ.P. 27(b) is a final order, appealable under 28 U.S.C. § 1291.1 We conclude that it is a final order. Having jurisdiction to review the order, we must next decide whether denial...

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