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UNITED STATES v. COLUMBIA BROADCASTING SYSTEM, INC.

Nos. 80-5345, 80-5346.

666 F.2d 364 (1982)

UNITED STATES of America, Plaintiff, and Columbia Pictures Industries, Inc., Gulf and Western Industries, Inc., MCA, Inc., Twentieth Century-Fox Film Corporation and Warner Communications, Inc., Witnesses/Appellants, v. COLUMBIA BROADCASTING SYSTEM, INC., Defendant/Appellee. UNITED STATES of America, Plaintiff, and Columbia Pictures Industries, Inc., Gulf and Western Industries, Inc., MCA, Inc., Twentieth Century-Fox Film Corporation and Warner Communications, Inc., Witnesses/Appellants, v. AMERICAN BROADCASTING COMPANIES, INC., Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1982.

Attorney(s) appearing for the Case

Ronald L. Olson, Los Angeles, Cal., argued, Nancy Y. Bekavac, Munger, Tolles & Rickershauser, Los Angeles, Cal., on brief, for Columbia Pictures.

Daniel H. Margolis, Washington, D. C., argued, Bergson, Borkland, Margolis & Adler, Washington, D. C., George Vradenburg, III, Robert S. Rifkind, Cravath, Swaine & Moore, New York City, on brief, for CBS.

Before GOODWIN, NELSON and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

This is a consolidated appeal by five nonparty witnesses who were subpoenaed to produce massive quantities of documents and deposition testimony for use in antitrust suits brought by the Justice Department. The issues are whether this court has jurisdiction to review the district court's order denying the nonparty witnesses' post-production motion for reimbursement of their substantial discovery costs, and, if so, whether the denial of reimbursement...

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