IN RE CALIFORNIA PUBLIC UTILITIES COM'N

No. 88-1908.

892 F.2d 778 (1989)

In re Subpoena Served on the CALIFORNIA PUBLIC UTILITIES COMMISSION. SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation and San Diego Gas and Electric Company, a California corporation, Plaintiffs-Appellees, v. WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1989.


Attorney(s) appearing for the Case

James W. Quinn, Mindy J. Spector, Bruce S. Meyer, Weil, Gotshal & Manges, New York City, Hill Wynne Troop & Meisinger, Los Angeles, Cal., for defendant-appellant, Westinghouse Elec. Corp.

Patrick S. Berdge, California Public Utilities Com'n, San Francisco, Cal., for plaintiff-appellee, California Public Utilities Com'n.

Before GOODWIN, Chief Judge, FLETCHER and NORRIS, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

This appeal concerns a discovery dispute involving a subpoena duces tecum served on the California Public Utilities Commission (CPUC) by Westinghouse Electric (Westinghouse). The dispute arises from an underlying suit over alleged defects in nuclear generators that Westinghouse sold to Southern California Edison and to San Diego Gas & Electric (hereafter collectively referred to as "Edison"). In 1976, Edison discovered...

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