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APPLICATION TO QUASH SUBPOENA TO NAT. BROADCASTING

No. 1281, Docket 95-9118.

79 F.3d 346 (1996)

In re APPLICATION TO QUASH SUBPOENA TO NATIONAL BROADCASTING COMPANY, INC. Steven KRASE and Jenny Krase, Plaintiffs, v. GRACO CHILDREN PRODUCTS, INC., Defendant-Appellee. Ruth MARDEN, Plaintiff, v. GRACO CHILDREN PRODUCTS, INC., Defendant-Appellee. Kerry Ann MURPHY, Plaintiff, v. GRACO CHILDREN PRODUCTS, INC., Defendant-Appellee. NATIONAL BROADCASTING COMPANY, INC., Appellant.

United States Court of Appeals, Second Circuit.

Decided April 4, 1996.

Attorney(s) appearing for the Case

Susan E. Weiner, National Broadcasting Company, Inc., New York City (Floyd Abrams, Susan Buckley, Cahill Gordon & Reindel, New York City, of counsel), for Appellant.

Richard W. Bethea, Jr., Stophel & Stophel, PC, Chattanooga, TN (Stephen S. Duggins, Stophel & Stophel, PC, James D. Silbert, Hinckley & Silbert, PC, New York City, Steven M. Lieberman, Rothwell, Figg, Ernst & Kurz, Washington, DC, of counsel), for Defendant-Appellee.

(Robert P. LoBue, Patterson, Belknap, Webb & Tyler, LLP, New York City, of counsel), for American Broadcasting Companies, Inc., CBS Inc., Daily News, LP, Dow Jones & Company, Inc., and Fox News, Inc. as amici curiae.

Before: VAN GRAAFEILAND, MINER and CABRANES, Circuit Judges.

MINER, Circuit Judge:

Appellant National Broadcasting Company, Inc. ("NBC") appeals from orders entered in the United States District Court for the Southern District of New York (Duffy, J.) denying its motion to quash a subpoena for the unbroadcasted portions of certain videotaped television interviews and holding it in contempt. Such unbroadcasted portions are often referred to as "raw footage" or "out-takes." The subpoena giving rise to this appeal was issued out...

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