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ARNOLD v. PENNSYLVANIA, DEPT. OF TRANSP.

Nos. 05-5037, 05-5227.

477 F.3d 105 (2007)

August W. ARNOLD v. Commonwealth of PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; John Ekiert Michael Baker Corporation, Appellant. August W. Arnold v. Commonwealth of Pennsylvania, Department of Transportation; John Ekiert Tribune Review Publishing Company, Intervenor/Appellant.

United States Court of Appeals, Third Circuit.

Filed February 20, 2007.

Attorney(s) appearing for the Case

Ronald D. Barber, (Argued), H. Yale Gutnick, Strassburger McKenna Gutnick & Potter, P.C., Pittsburgh, PA, Counsel for Appellee/Cross Appellant.

Kim M. Watterson, (Argued), Efrem M. Grail, Joseph F. Rodkey, Jr., Reed Smith LLP, Pittsburgh, PA, Counsel for Appellant/Cross Appellee.

Before SMITH and ROTH, Circuit Judges, and YOHN, District Judge.

SMITH, Circuit Judge.

This appeal is an offshoot of litigation initiated by August W. Arnold against his former employer, the Pennsylvania Department of Transportation ("PennDOT"), for violations of the Pennsylvania Whistleblower Law and 42 U.S.C. § 1983. Arnold served a discovery subpoena under Federal Rule of Civil Procedure 45 on appellant and cross appellee, non-party Michael Baker Corporation ("Baker"), seeking...

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