CENTURION INDUSTRIES, INC. v. WARREN STEURER, ETC.

No. 79-2176.

665 F.2d 323 (1981)

CENTURION INDUSTRIES, INC. and Eric F. Burtis, Plaintiffs-Appellees, v. WARREN STEURER AND ASSOCIATES and Instructional Materials and Equipment Distributors, Defendants, Cybernetic Systems, Inc., a New Mexico corporation, Deponent-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 2, 1981.


Attorney(s) appearing for the Case

Harold E. Wurst of Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst, Los Angeles, Cal., for deponent-appellant.

Francis A. Utecht and Charles H. Thomas of Fulwider Patton Rieber Lee & Utecht, Long Beach, Cal., and Donald B. Moses of Moses, Dunn, Beckley, Espinosa & Tuthill, Albuquerque, N. M., for plaintiffs-appellees.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and BOHANON, District Judge.


SEYMOUR, Circuit Judge.

Cybernetic Systems, Inc. (Cybernetic), a nonparty witness in a patent infringement action, appeals from an order of the United States District Court of New Mexico, requiring it to disclose certain computer software trade secrets to Centurion Industries, Inc. and Eric F. Burtis (hereinafter together referred to as "Centurion").1 Cybernetic argues that Centurion has not met its burden of proof showing that Cybernetic...

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