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IN RE SUBPOENA ISSUED TO DENNIS FRIEDMAN

Docket No. 03-5001.

350 F.3d 65 (2003)

In re: SUBPOENA ISSUED TO DENNIS FRIEDMAN, Esq. of Gibson, Dunn & Crutcher LLP, Hechinger Investment Company of Delaware, Inc., Debtor The Official Committee of Unsecured Creditors of Hechinger Investment Company of Delaware, Inc., et al. on behalf of Hechinger Investment Company of Delaware, Inc., et al., Plaintiff-Appellant, v. Dennis Friedman, Esq., John W. Hechinger, Sr., John W. Hechinger, Jr., W. Clark McLelland, Kenneth J. Cort, Ann D. Jordan, Robert S. Parker, S. Ross Hechinger, Melvin A. Wilmore, Alan J. Zakon, Defendants-Appellees, Fleet Retail Finance Group, Defendant.

United States Court of Appeals, Second Circuit.

Decided: November 21, 2003.

Attorney(s) appearing for the Case

David E. Ross, Kasowitz, Benson, Torres & Friedman, LLP (Andrew K. Glenn and Ian D. Katz, of counsel), New York, NY, for plaintiff-appellant.

Mitchell A. Karlan, Gibson, Dunn & Crutcher LLP (Thomas A. Gentile, of counsel), New York, NY, for defendants-appellees.

Before: NEWMAN, SOTOMAYOR, and WESLEY, Circuit Judges.

Decided: November 21, 2003. Cir.1986

Judge WESLEY concurs in result only in a separate opinion.

SOTOMAYOR, Circuit Judge.

Plaintiff-appellant appeals from an order of the United States District Court for the Southern District of New York (Pollack, J.) quashing its deposition subpoena of defendant-appellee Dennis Friedman, Esq. ("Friedman"), an attorney who previously served as counsel during merger negotiations to a now-bankrupt corporation...

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