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MICRO MOTION INC. v. EXAC CORP.

No. 89-1099.

876 F.2d 1574 (1989)

MICRO MOTION INCORPORATED, Plaintiff-Appellee, v. EXAC CORPORATION, Defendant-Intervenor, v. SMITH METER, INCORPORATED, Appellant.

United States Court of Appeals, Federal Circuit.

June 1, 1989.

Attorney(s) appearing for the Case

Jesse J. Jenner, Fish & Neave, New York City, argued, for plaintiff-appellee. With him on the brief were David J. Lee, Christa Hildebrand and John O. Tramontine. Seymour Rothstein, Allegretti & Witcoff, Chicago, Ill., of counsel.

Andrew J. Cornelius, Alder Cohen & Grigsby, P.C., of Pittsburgh, Pa., argued, for appellant. With him on the brief, was Alan P. Kass.

Before MARKEY, Chief Judge, and NIES and BISSELL, Circuit Judges.

ORDER

NIES, Circuit Judge.

Smith Meter, Incorporated, seeks reversal of an order issued by the United States District Court for the Western District of Pennsylvania, Erie Division, Misc. No. 732, denying its motion to quash a subpoena.1 We conclude that Smith Meter has not established that the district court's order is appealable. Accordingly, Smith Meter is ordered to show cause why the appeal should not be dismissed.

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