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STATE OF N.Y. v. UNITED STATES METALS REFING CO.

No. 85-5072.

771 F.2d 796 (1985)

STATE OF NEW YORK, Appellant, v. UNITED STATES METALS REFINING COMPANY and Amax, Inc. State of New Jersey, Dept. of Environmental Protection, Intervenor.

United States Court of Appeals, Third Circuit.

Decided September 4, 1985.

As Amended October 18, 1985.

Attorney(s) appearing for the Case

Mary L. Lyndon, New York State Dept. of Law, New York City, for appellant.

John B. Prior, Jr. (argued), Greenberg, Kelley & Prior, Trenton, N.J., for appellee.

Paul H. Schneider, Deputy Atty. Gen., N.J. Div. of Law, Trenton, N.J., for appellant.

Before HIGGINBOTHAM and BECKER, Circuit Judges and COHILL, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case raises the questions of if and when this court may exercise its jurisdiction to review a pretrial discovery protective order. The State of New York seeks to appeal, pursuant to 28 U.S.C. §§ 1291 or 1292(a)(1) (1982), a protective order entered by the district court on January 10, 1985. The district court temporarily prohibited releasing to the public, and required confidentiality...

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