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ANDOVER DATA SERVICES v. STATISTICAL TABULATING CORP.

No. 672, Docket No. 88-7849.

876 F.2d 1080 (1989)

ANDOVER DATA SERVICES, A DIVISION OF PLAYERS COMPUTER, INC., Plaintiff-Appellee, v. STATISTICAL TABULATING CORPORATION, Defendant. Appeal of Walter B. SCHWER, Witness.

United States Court of Appeals, Second Circuit.

Decided June 2, 1989.

Attorney(s) appearing for the Case

Walter Klasson, New York City, for appellant.

John F. Byrne, New York City (Samuels & Grossman, New York City, of counsel), for plaintiff-appellee.

Jeremiah S. Gutman, New York City (Gail A. Wechsler, of counsel), for amicus curiae New York Civil Liberties Union Foundation.

Before NEWMAN, PIERCE and MAHONEY, Circuit Judges.

PIERCE, Circuit Judge:

The issue presented on this appeal is narrow and straightforward: May a district court compel the testimony of a non-party witness in a civil action, notwithstanding the assertion of a valid fifth amendment claim, by issuing a Rule 26(c) protective order which purports to limit prosecutorial access to the compelled testimony? Because it is clear to us that the protections of a Rule 26(c) order are not co-extensive with those of the fifth amendment...

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