Rehearing and Rehearing In Banc Denied August 8, 1989.
OPINION OF THE COURT
SLOVITER, Circuit Judge.
I.
The appellants before us, Davis Enterprises et al., who are the defendants in private civil litigation, sought permission from the Environmental Protection Agency (EPA) to take the deposition of an agency employee as a fact witness for use in refuting damage claims brought by homeowners as a result of a gasoline spill. The EPA...
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