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IN RE DOW CORNING CORP.

Docket No. 00-3036.

261 F.3d 280 (2001)

In re DOW CORNING CORPORATION, Petitioner.

United States Court of Appeals, Second Circuit.

Decided August 6, 2001.

Attorney(s) appearing for the Case

Hugh R. Whiting, Richard I. Werder, Jr., Jones, Day, Reavis & Pogue, Cleveland, OH, for Dow Corning Corporation, Petitioner.

Jeffrey A. Klafter, Bernstein Litowitz Berger & Grossman LLP, New York, NY, (Judith Spanier, Nancy Kaboolian, Abbey, Gardy & Squitieri, LLP, New York, NY, of Counsel), for Corning Investor Plaintiffs-Respondents.

M. Richard Komins, Barrack, Rodos & Bacine, Philadelphia, PA, (Daniel Scotti, Milberg Weiss Bershad Hynes & Lerach LLP, New York, NY, of Counsel), for Dow Chemical Investor Plaintiffs-Respondents.

Jeremy G. Epstein, Alice D. Keane, Shearman & Sterling, New York, NY, and Herbert L. Zarov, Bennett W. Lasko, Mayer, Brown & Platt, Chicago, IL filed a brief on behalf of Defendants-Amici Curiae Corning Incorporated and The Dow Chemical Company, respectively, in support of Petitioner.

Before PARKER and KATZMANN, Circuit Judges, and BRIEANT, District Judge.

PER CURIAM:

The petitioner, Dow Corning Corporation ("Dow Corning"), seeks a writ of mandamus to vacate an order of the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge), dated April 3, 2000, granting the motion of the respondents ("the Shareholders") to compel the deposition of the petitioner's general counsel concerning communications with the petitioner's board of directors.1 Because...

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