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APPLICATION OF ASTA MEDICA, S.A.

Civ. No. 91-328-P-H.

794 F.Supp. 442 (1992)

In re Application of ASTA MEDICA, S.A., et al., for an Order to Take Discovery of David W. Moriarty, Jr., and for a Subpoena Duces Tecum for use in Foreign Countries in Civil Proceedings there pending.

United States District Court, D. Maine.

May 22, 1992.

Attorney(s) appearing for the Case

Michael A. Nelson, Deborah M. Mann, Jensen, Baird, Gardner & Henry, Portland, Me., Zachary Shimer, Chadbourne & Parke, John D. Murnane, Brumbaugh, Graves, Donohue & Raymond, New York City, for petitioner.

James G. Goggin, William C. Knowles, Verrill & Dana, Portland, Me., Joseph A. Tate, Stephen D. Brown, Dechert, Price & Rhoads, Philadelphia, Pa., Thomas F. Munno, Dechert, Price & Rhoads, New York City, for Pfizer, Inc. and David W. Moriarty, Jr.

MEMORANDUM DECISION

HORNBY, District Judge.

This case involves the interpretation of 28 U.S.C. § 1782(a). That statute provides that a United States district court may, upon the application of any interested person, order a person residing in the district to give testimony or a statement or to produce documents for use in a foreign proceeding. The question here is to what degree this discretionary authority should depend on the applicant's ability to...

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