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H.L. HAYDEN CO. OF NEW YORK, INC. v. SIEMENS MEDICAL SYSTEMS, INC.

No. 729, Dockets 85-7619, 85-7821.

797 F.2d 85 (1986)

H.L. HAYDEN CO. OF NEW YORK, INC. and Schein Dental Equipment Corp., Plaintiffs-Amicus Curiae, v. SIEMENS MEDICAL SYSTEMS, INC., Healthco, Inc. and Patterson Dental Co., Defendants-Appellees, v. The STATE OF NEW YORK, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 25, 1986.

Attorney(s) appearing for the Case

Alan Pfeffer, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. and Lloyd Constantine, Asst. Atty. Gen., New York City, of counsel), for appellant The State of N.Y.

Robert B. Bernstein, New York City (Kaye, Scholer, Fierman, Hays & Handler and Michael D. Blechman, New York City, of counsel), for defendant-appellee Siemens Medical Systems, Inc.

Anderson Russell Kill & Olick, P.C., Lawrence Kill, John E. Daniel and Deborah A. Swindells, New York City, for amicus curiae H.L. Hayden Co. of New York, Inc. and Schein Dental Equipment Corp.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND and CARDAMONE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The State of New York, although not a party to this private action, appeals from two orders of the United States District Court for the Southern District of New York (Goettel, J.). The first order denied the plaintiffs' motion to modify a protective order; the second denied New York's motion to intervene for the purpose of appealing the first order. For the reasons stated herein, we affirm the district court's denial of intervention...

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