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IN RE BAY COUNTY MIDDLEGROUNDS LANDFILL SITE

No. 97-2175.

171 F.3d 1044 (1999)

In re: BAY COUNTY MIDDLEGROUNDS LANDFILL SITE. General Motors Corporation, Petitioner-Appellee, v. Kuhlman Electric Corporation, Appellant, v. United States Environmental Protection Agency, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1999.

Attorney(s) appearing for the Case

Jared A. Goldstein (briefed), U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Petitioner-Appellee United States Environmental Protection Agency.

Kathryn J. Humphrey, Joseph C. Basta (argued and briefed), Dykema Gossett PLLC, Detroit, MI, for Petitioner-Appellee General Motors Corporation.

H. G. Sparrow, III (argued and briefed), Dickinson Wright, PLLC, Detroit, MI, for Appellant.

Before: BOGGS, SILER, and GILMAN, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

This case is one of the few to raise issues concerning the interpretation of Rule 27(a) of the Federal Rules of Civil Procedure, which governs the taking of depositions before an action is commenced. The district court granted a petition to permit the taking of such a deposition by General Motors, a party potentially responsible for pollution at a municipal landfill. General Motors sought to preserve the testimony of Mr. Arthur...

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