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IN RE METALLGESELLSCHAFT AG

No. 2328, Docket 97-7479.

121 F.3d 77 (1997)

In re: APPLICATION FOR AN ORDER PERMITTING METALLGESELLSCHAFT AG TO TAKE DISCOVERY, Pursuant To The Federal Rules of Civil Procedure, of Siegfried Hodapp for Use In An Action Pending in the Employment Court ("Arbeitsgericht") of Frankfurt Am Main, Germany. METALLGESELLSCHAFT AG, Appellant, v. Siegfried HODAPP, Appellee.

United States Court of Appeals, Second Circuit.

Decided August 12, 1997.

Attorney(s) appearing for the Case

Michael Blechman, New York City (Robert B. Bernstein, Kaye, Scholer, Fierman, Hays & Handler, New York City, on the brief), for appellant.

Louis M. Solomon, New York City (Emily Stern, Solomon, Zauderer, Ellenhorn, Frischer & Sharp, on the brief), for Appellee.

Before: WALKER, CALABRESI and LAY, Circuit Judges.

WALKER, Circuit Judge:

Metallgesellschaft AG ("MG"), a German industrial and trading company, appeals from a final judgment of the United States District Court for the Southern District of New York (Thomas P. Griesa, Chief Judge), sitting in Part One, denying MG's application to compel discovery from Siegfried Hodapp pursuant to 28 U.S.C. § 1782(a) and vacating a prior subpoena issued by the same court ordering discovery in aid of a foreign proceeding...

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