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IN RE UPJOHN CO. ANTIBIOTIC CLEOCIN PRODUCTS, ETC.

No. 79-1213.

664 F.2d 114 (1981)

In re: The UPJOHN COMPANY ANTIBIOTIC CLEOCIN PRODUCTS LIABILITY LITIGATION. Juanita STAVA, et al., Plaintiffs-Appellees, v. The UPJOHN COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 19, 1981.

Rehearing Denied January 11, 1982.

Attorney(s) appearing for the Case

William E. Bush, Larry Moore, Kalamazoo, Mich., Richard L. Josephson, Lead Counsel, James T. McCartt, David R. Smith, Baker & Botts, Houston, Tex., James G. Smith, Ralph F. Valintutti, Jr., Kitch & Suhrheinrich, Detroit, Mich., for defendant-appellant.

Thomas H. Bleakley, Charfoos & Charfoos, John Konkel, Detroit, Mich., Hayim I. Gross, Troy, Mich., Kenneth M. Henke, New Orleans, for plaintiffs-appellees.

Before LIVELY, ENGEL and BROWN, Circuit Judges.

ENGEL, Circuit Judge.

The issue in this appeal is the extent to which a transferee judge in multidistrict litigation proceedings under 28 U.S.C. § 1407 may vacate and modify protective orders earlier entered by transferor courts, where those orders enjoin the use of discovery materials obtained through the federal litigation by others not parties to the multidistrict litigation. In an opinion reported at 81 F.R.D. 482 (E.D.Mich.1979), then United States District...

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