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APPLICATION OF AMERICAN TOBACCO CO.

No. 669, Docket 88-7879.

866 F.2d 552 (1989)

In the Matter of the Application of The AMERICAN TOBACCO COMPANY, et al. MOUNT SINAI SCHOOL OF MEDICINE and American Cancer Society, Appellants, v. The AMERICAN TOBACCO COMPANY, Philip Morris, Inc., and R.J. Reynolds Tobacco Company, Appellees.

United States Court of Appeals, Second Circuit.

Decided January 23, 1989.

Attorney(s) appearing for the Case

Michael A. Cardozo, New York City (Charles S. Sims, Proskauer Rose Goetz & Mendelsohn, New York City, on the brief), for appellants.

Donald I. Strauber, New York City (Thomas E. Riley, Garyowen P. Morrisroe, Chadbourne & Parke, New York City, on the brief for appellee The American Tobacco Co.; Howard G. Kristol, Bruce H. Lederman, Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City, on the brief for appellee R.J. Reynolds Tobacco Co.; David R. Davies, Hunton & Williams, New York City, on the brief for appellee Philip Morris, Inc.), for appellees.

Before NEWMAN and ALTIMARI, Circuit Judges, and GRIESA, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal presents the issue of whether an order directing a witness to produce evidence sought for use in a civil trial is appealable in advance of an adjudication of contempt where the order seeks only documents and the order has been issued by a court other than the court in which the underlying action is pending. The issue arises on an appeal by Mount Sinai School of Medicine and the American...

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