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MARTIN v. B.F. GOODRICH CO.

No. 97-1518.

602 N.W.2d 343 (1999)

Albert Leroy MARTIN and Rose Ann Martin, Appellees, v. The B.F. GOODRICH COMPANY, a New York Corporation, Appellant, The Budd Company, a Michigan Corporation; Hennessey Industries, Inc., a New Jersey Corporation; Don Schmidt d/b/a Don's Standard/Amoco; Amoco Oil Company, a Maryland Corporation; and Melvin F. Reicks d/b/a Big Red's Auto Sales/Parts, Defendants.

Supreme Court of Iowa.

November 17, 1999.

Attorney(s) appearing for the Case

Connie Alt of Shuttleworth & Ingersoll, P.C., Cedar Rapids, and Frank Mandlebaum of Zorn & Mandlebaum, P.C., Troy, Michigan, for appellant.

William J. Bribriesco and Daniel D. Bernstein of William J. Bribriesco & Associates, Bettendorf, and Thomas F. Dasse of Dasse & Vakula, P.C., Scottsdale, Arizona, for appellees.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, SNELL, and TERNUS, JJ.

SNELL, Justice.

This is an interlocutory appeal from a district court order compelling defendant, B.F. Goodrich Company (BFG), to produce documents or information it claims are not in its possession, custody or control. Upon review, we conclude that the record does not support a finding of control sufficient to induce discovery. We reverse the district court order and remand for further proceedings.

I. Background Facts and Procedural History

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