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INTERNATIONAL TRUCK AND ENGINE v. CATERPILLAR, INC.

No. 2-04-0355.

814 N.E.2d 182 (2004)

351 Ill. App.3d 576

286 Ill.Dec. 532

INTERNATIONAL TRUCK AND ENGINE CORPORATION, Plaintiff-Appellee, v. CATERPILLAR, INC., Defendant-Appellee (Cummins, Inc., Intervenor-Appellant).

Appellate Court of Illinois, Second District.

August 4, 2004.

Attorney(s) appearing for the Case

James D. Dasso, Jeffrey A. Soble, Amy P. Purcell, Foley & Lardner LLP, Chicago, for Cummins, Inc.

Michael P. Padden, Lisa C. Sullivan, Howrey, Simon, Arnold & White, LLP, Chicago, William R. O'Brien, Robert J. Brookhiser, Howrey, Simon, Arnold & White, LLP, Washington, DC, for Caterpillar, Inc.

Laurence H. Levin, Cary R. Perlman, Matthew W. Walch, Latham & Watkins LLP, Chicago, for International Truck & Engine Corp.

Justice KAPALA delivered the opinion of the court:

This appeal comes before us on a certification of a question of law by the circuit court of Du Page County pursuant to Supreme Court Rule 308 (155 Ill.2d R. 308). The question certified for appeal is: "What is the appropriate legal test or standard to determine whether a party to an action can obtain discovery of confidential information and documents from, and/or related to, a nonparty competitor?"

I. BACKGROUND...

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