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IN RE WELLING

No. 99 Misc. 8-85.

40 F.Supp.2d 491 (1999)

In re Application of Kathryn M. WELLING to Quash Subpoena.

United States District Court, S.D. New York.

April 1, 1999.

Attorney(s) appearing for the Case

Mitchell A. Karlan, Sue J. Nam, Gibson, Dunn & Crutcher LLP, for Movant.

Helen L. Duncan, Stephen H. Orel, Leboeuf, Lamb, Greene & MacRae, L.L.P., for Biomune Systems, Inc.

MEMORANDUM OPINION

KAPLAN, District Judge.

This unusual application is a motion by a non-party witness who has been subpoenaed to give evidence in a private civil action to hold herself in contempt of court, but not to impose any penalty upon herself, for the stated purpose of attempting to transform a concededly non-appealable order denying her motion to quash the subpoena into an order appealable as of right...

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