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KENDRICK v. HECKLER

No. 85-3016.

778 F.2d 253 (1985)

Chan KENDRICK, et al., Plaintiffs-Appellants, v. Margaret M. HECKLER, Secretary of Health and Human Services, et al., Defendants, v. Mercedes WILSON, The Executive Director of the Family of the Americas Foundation, Third-Party Deponent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 13, 1986.

Attorney(s) appearing for the Case

Jane Johnson, Tulane Law Clinic, New Orleans, La., Verna C. Sanchez, Atty., American Civil Liberties Union Foundation, Janet Benshoof, Paul, Weiss, Rifkind, Wharton & Garrison, Elaine H. Mandelbaum, Colleen McMahon, New York City, for plaintiffs-appellants.

Liskow & Lewis, John M. Wilson, George W. Pugh, Jr., New Orleans, La., for Mercedes Wilson.

Before GEE and JOHNSON, Circuit Judges, and PARKER, District Judge.

OPINION

JOHNSON, Circuit Judge:

Plaintiffs-appellants appeal from an order of the district court denying plaintiffs' motion to compel production of documents from a nonparty witness pursuant to Fed.R.Civ.P. 45(d)(1). This Court reverses the order of the district court.

I. FACTS AND PROCEDURAL HISTORY

The plaintiffs-appellants, a group of taxpayers and clergymen and the American Jewish Congress ("taxpayers")1

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