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IDENTISEAL CORP., OF WIS. v. POSITIVE IDENTIFICATION

No. 76-2051.

560 F.2d 298 (1977)

IDENTISEAL CORPORATION OF WISCONSIN, a Wisconsin Corporation, Plaintiff-Appellant, v. POSITIVE IDENTIFICATION SYSTEMS, INCORPORATED, a Texas Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 1977.

Attorney(s) appearing for the Case

Aaron Belongia, Milwaukee, Wis., for plaintiff-appellant.

John H. Wessel, Milwaukee, Wis., for defendant-appellee.

Before SWYGERT and BAUER, Circuit Judges, and JAMESON, Senior District Judge.

SWYGERT, Circuit Judge.

The outcome of this appeal turns on whether the district court, in presiding over the pretrial phase of the case, had the power to compel plaintiff to conduct discovery instead of permitting it to litigate the entire suit at trial. We conclude that the district court lacked the authority to compel involuntary discovery and we reverse the court's order dismissing the complaint.

I

On April 26, 1973, plaintiff Identiseal Corporation...

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