No. 88-1821.

877 F.2d 1181 (1989)

DAVIS ENTERPRISES, Sun Pipe Line Company, Sun Company, Inc., E.A. Design, Ltd., Jan Gouza, Pickering, Corts & Summerson, Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Bruce Diamond.

United States Court of Appeals, Third Circuit.

Decided June 27, 1989.

Rehearing and Rehearing Denied August 8, 1989.

Attorney(s) appearing for the Case

Donald E. Wieand, Jr. (argued), Weaver, Mosebach, Piosa, Hixson, Wallitsch & Marles, Allentown, Pa., for appellant, Davis Enterprises.

Bruce J. Chasan, Wilson, Elser, Moskowitz, Edelman & Dicker, Philadelphia, Pa., for appellants, Sun Pipe Line Co. and Sun Co., Inc.

B. Alan Dash, Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for appellant, E.A. Design, Ltd.

Gary Gremminger, German, Gallagher & Murtagh, Philadelphia, Pa., for appellants, Jan Gouza and Pickering, Corts & Summerson.

Michael M. Baylson, U.S. Atty., James G. Sheehan, Asst. U.S. Atty., Chief, Civ. Div., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Virginia Gibson-Mason (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellees.

Before SLOVITER, BECKER, and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 8, 1989.


SLOVITER, Circuit Judge.


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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