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SMITH v. BIC CORP.

No. 88-1523.

869 F.2d 194 (1989)

SMITH, Francis H., Administrator of the Estate of Smith, Ethel E., Deceased, and Smith, Francis H., In His Own Right v. BIC CORPORATION and Societe BIC, S.A. Appeal of BIC CORPORATION.

United States Court of Appeals, Third Circuit.

Decided February 28, 1989.

Attorney(s) appearing for the Case

Barbara C. Robertson, Carlos D. Perez-Mesa, Jr., Michael B. Oropollo, (argued), Hoagland, Longo, Oropollo & Moran, New Brunswick, N.J., David E. Turner, Bingaman, Hess, Coblentz & Bell, Reading, Pa., and David M. Given, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for appellant.

Samuel E. Klein, Frank L. Corrado, Jr., (argued), Kohn, Savett, Klein & Graff, P.C., Philadelphia, Pa., for appellees, Philadelphia Newspapers, Inc. and Richard Burke.

Howard J. Levin, Alan Schwartz, (argued), Anapol, Schwartz, Weiss & Schwartz, Philadelphia, Pa., for appellee, Francis H. Smith.

David M. Kozloff, Kozloff, Diener, Payne & Fegley, Reading, Pa., for appellee, Societe BIC, S.A.

Before HIGGINBOTHAM and MANSMANN, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal from a denial of a motion for a protective order we are faced with a fundamental challenge to the jurisdiction of this court to hear the appeal as well as a challenge to the district court's failure to recognize certain confidential information as a "trade secret" for purposes of Fed.R.Civ.P. 26(c). We conclude, on the basis of Cohen v. Beneficial Loan Corp., 337 U.S. 541...

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