BORCHERS v. COMMERCIAL UNION ASSUR. CO.

No. 92 Civ. 9212 (DLC).

874 F.Supp. 78 (1995)

Robert BORCHERS and Thwaites Inn, Inc., Plaintiffs, v. COMMERCIAL UNION ASSURANCE CO., La Reunion Francaise Societe Anonyme D'Assurances Et De Reassurances, the Yorkshire Insurance Company Limited, Bishopgate Insurance Limited, Northern Assurance Co. Ltd., Excess Insurance Company, Ltd., London and Hull Maritime Insurance Company Limited, the Ocean Marine Insurance Company Limited, Prudential Assurance Company, Ltd., English & American Insurance Co. Ltd., the Threadneedle Insurance Co. Ltd., Generali, Assicurazioni Generali, S.P.A., Sirius (U.K.) Insurance PLC, Sphere Drade Insurance PLC., and Phoenix Assurance Public Limited Co., Defendants.

United States District Court, S.D. New York.

January 27, 1995.


Attorney(s) appearing for the Case

Martin Kleinman, Weg & Myers, P.C., New York City, for plaintiffs.

Debra A. Tama, Francis P. Manchisi, Frederick W. Reif, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, for defendants.

Andrea Moss, Paul A. Crotty, Corp. Counsel of the City of New York, New York City, for Non-Party Witness Fire Marshall Lynn.


MEMORANDUM OPINION AND ORDER

COTE, District Judge:

Plaintiffs in this action have moved pursuant to Rule 45(e), Fed.R.Civ.P.,1 to hold Fire Marshall David Lynn of the Fire Department of the City of New York ("F.D.N.Y.") in contempt of court. Fire Marshall Lynn refused to comply with a subpoena for production of investigative reports and testimony pertaining to a criminal investigation...

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