HEAT AND CONTROL, INC. v. HESTER INDUSTRIES, INC.

Appeal No. 85-2553.

785 F.2d 1017 (1986)

HEAT & CONTROL, INC., Appellant, v. HESTER INDUSTRIES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

March 4, 1986.


Attorney(s) appearing for the Case

Debra E. Dahl and Elmer Albritton, Flehr, Hohbach, Test, Albritton & Herbert, San Francisco, Cal., argued, for appellant. With them on brief, was Donald N. MacIntosh.

Lawrence R. Brown, Arlington, Va., argued, for appellee. With him on brief, was Oscar M. Bean, Bean & Bean, Moorefield, W.Va.

Before MARKEY, Chief Judge, FRIEDMAN, Circuit Judge, and MILLER, Senior Circuit Judge.


JACK R. MILLER, Senior Circuit Judge.

This is an appeal by Heat & Control, Inc. from a May 22, 1985, order of the United States District Court for the Northern District of West Virginia,1 quashing a deposition subpoena issued by the same court on February 8, 1985. We vacate the order and remand the case to the district court for further proceedings.

BACKGROUND

Heat & Control's patents relate to an apparatus (a...

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