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BARRICK GROUP, INC. v. MOSSE

No. 552, Docket 87-7742.

849 F.2d 70 (1988)

The BARRICK GROUP, INC., Delphi Associates Limited Partnership, Jayarm Associates Limited Partnership, Barrick Ralston Limited Partnership, Barrick North Belt Limited Partnership, Barrick Westwood Limited Partnership, and Barrick Atlanta I Limited Partnership, Plaintiffs-Appellants, v. Richard H. MOSSE, Defendant-Appellee, George Marvin-Smith, Richard Scholnick, Non-Party Witness, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 8, 1988.

Attorney(s) appearing for the Case

James Schreiber, New York City (Jacob Imberman, Michele M. Ovesey, Eric Rosenberg, Proskauer Rose Goetz & Mendelsohn, New York City, of counsel) for plaintiffs-appellants.

George B. Yankwitt, New York City (Robinson Silverman Pearce Aronsohn & Berman, New York City, of counsel) for defendant-appellee.

J. Daniel Sagarin, Milford, Conn. (William B. Barnes, Paula Mangini Montonye, Hurwitz & Sagarin, Milford, Conn. of counsel) for non-party witness appellee Marvin-Smith.

Before PRATT and MINER, Circuit Judges, and WALKER, District Judge.

MINER, Circuit Judge.

In this case we are called upon once again to determine whether an interlocutory order meets the standards of appealability. The order was entered in the United States District Court for the District of Connecticut (Burns, J.) and was made in response to a motion to compel the testimony of a non-party witness at a pre-trial deposition held in Connecticut. The witness claimed his fifth amendment privilege in refusing to answer certain questions...

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