No. 79-1994.

632 F.2d 700 (1980)

LITTLE ROCK SCHOOL DISTRICT, North Little Rock School District, Mountain Home School District, and State of Arkansas, Appellees, v. BORDEN, INC.; Coleman Dairy, Inc.; Dean Foods Company; Foremost-McKesson, Inc.; and Hiland Dairy, Inc., Eugene F. Proctor, Simeon Walter Lynn, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1980.

Rehearing and Rehearing Denied October 27, 1980.

Attorney(s) appearing for the Case

William R. Wilson, Jr., Richard N. Moore, Dodds, Kidd & Ryan, Little Rock, Ark., for appellants.

Gary V. McGowan, Mandell & Wright, Houston, Tex., for appellees; Steve Clark, Atty. Gen., Carl A. Crow, Jr., Asst. Atty. Gen., Little Rock, Ark. and Stephen D. Susman, and Randall Wilson, Houston, Tex., on brief.

Before GIBSON, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 27, 1980.

HEANEY, Circuit Judge.

This interlocutory appeal arises from an order compelling testimony from two witnesses in a civil antitrust case. The issue was certified by the district court1 and we granted leave to appeal pursuant to 28 U.S.C. § 1292(b). We affirm on grounds other than those relied on by the district court.




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