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COMSAT CORP. v. NATIONAL SCIENCE FOUNDATION

Nos. 99-1348, 99-1446.

190 F.3d 269 (1999)

COMSAT CORPORATION, Plaintiff-Appellee, v. NATIONAL SCIENCE FOUNDATION, Defendant-Appellant, and National Science Foundation Document Custodian; Robert J. Dickman; Hugh Van Horn, Defendants. Comsat Corporation, Plaintiff-Appellee, v. National Science Foundation; National Science Foundation Document Custodian; Robert J. Dickman; Hugh Van Horn, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: August 23, 1999.

Attorney(s) appearing for the Case

ARGUED: William Barnett Schultz, Deputy Assistant Attorney General, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Peter Buscemi, Morgan, Lewis & Bockius, L.L.P., Washington, D.C., for Appellee. ON BRIEF: David W. Ogden, Acting Assistant Attorney General, Helen F. Fahey, United States Attorney, Arthur E. Peabody, Assistant United States Attorney, John C. Hoyle, August E. Flentje, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Lawrence Rudolph, General, Theodore Miles, Deputy General, Charisse Carney-Nunes, Assistant General, National Science Foundation, Washington, D.C., for Appellant. Jacob B. Pankowski, Brian O. Quinn, Morgan, Lewis & Bockius, L.L.P., Washington, D.C., for Appellee.

Before ERVIN, HAMILTON, and WILLIAMS, Circuit Judges.

Reversed by published opinion. Judge Ervin wrote the opinion, in which Judge HAMILTON and Judge WILLIAMS joined.

OPINION

ERVIN, Circuit Judge:

The National Science Foundation ("NSF") appeals from an order requiring the agency to comply with subpoenas issued by an arbitrator during prehearing discovery. The subpoenas demanded that the agency, which was not a party to the arbitration agreement, produce documents and employee testimony related to a...

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