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BAYER AG v. BETACHEM, INC.

No. 98-6427.

173 F.3d 188 (1999)

BAYER AG, In re Application for an Order permitting Bayer AG to take discovery, pursuant to the Federal Rules of Civil Procedure, of Betachem, Inc. for use in an action pending in the First Instance Court No. 25 of Barcelona, Spain, Appellant. v. BETACHEM, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided April 12, 1999.

Attorney(s) appearing for the Case

Frederick L. Whitmer (Argued), Pitney Harden Kipp & Szuch, Morristown, NJ, for Appellant.

Dwight E Yellen (Argued), Ballon, Stoll, Bader & Nadler, New York, N.Y., for Appellee

Before: NYGAARD, ALITO, and LEWIS, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Bayer AG appeals the District Court's denial of its motion seeking unredacted documents under 28 U.S.C. § 1782. Bayer contends that the unredacted information is necessary to (1) impeach the credibility of a witness in litigation pending in Spain, and (2) discover additional information concerning a drug master file at issue. Betachem responds that the information sought is beyond the scope of the subpoena...

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