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APPEAL OF SUN PIPE LINE CO.

No. 87-1529.

831 F.2d 22 (1987)

Application for Issuance of Order Requiring the United States Environmental Protection Agency to Produce Dr. Thomas Spittler to Testify by Videotape Deposition. Appeal of SUN PIPE LINE COMPANY.

United States Court of Appeals, First Circuit.

Decided October 16, 1987.

Rehearing and Rehearing Denied November 20, 1987.

Attorney(s) appearing for the Case

Bruce J. Chasan with whom Kenneth Scott, Wilson, Elser, Moskowitz, Edelman & Dicker, Philadelphia, Pa., Richard D. Glovsky and Steven T. Sager, Boston, Mass., were on brief, for appellant.

Charles J. Sheehan, Dept. of Justice, Land and Natural Resources Div., with whom Martin W. Matzen, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., Thomas E. Hookano, Acting Asst. Atty. Gen., Robert S. Mueller, U.S. Atty., Boston, Mass., and Francis S. Blake, Gen. Counsel, E.P.A., Washington, D.C., were on brief, for appellee E.P.A.

Before CAMPBELL, Chief Judge, GARTH, Senior Circuit Judge, and SELYA, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 20, 1987.

SELYA, Circuit Judge.

This chameleon of a case comes before us in a considerably different posture than it originally assumed in the district court. Thus, we recount the factual predicate and evolution of the litigation with exacting care preliminary to our explanation of why we affirm the district court.

I

In November 1982, a gasoline pipeline near Newtown, Pennsylvania was accidentally...

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