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MDK, INC. v. MIKE'S TRAIN HOUSE, INC.

No. 93-2230.

27 F.3d 116 (1994)

MDK, INCORPORATED, Appellant, v. MIKE'S TRAIN HOUSE, INCORPORATED, a Maryland Corporation, Plaintiff-Appellee, Lionel Trains, Incorporated, a Michigan Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1994.

Attorney(s) appearing for the Case

ARGUED: Peter M. Foley, Leboeuf, Lamb, Leiby & MacRae, Raleigh, NC, for appellant. Robert Joseph LaRocca, Kohn, Nast & Graf, P.C., Philadelphia, PA, for appellee.

ON BRIEF: M. Toler Workman, Leboeuf, Lamb, Leiby & MacRae, Raleigh, NC, for appellant.

Steven A. Asher, Kohn, Nast & Graf, P.C., Philadelphia, PA, Richard L. Wharton, Clark, Wharton & Berry, Greensboro, NC, for appellee.

Before RUSSELL, WILKINSON, and HAMILTON, Circuit Judges.

Dismissed by published opinion. Judge WILKINSON wrote the opinion, in which Judge RUSSELL and Judge HAMILTON joined.

OPINION

WILKINSON, Circuit Judge:

The question before us is whether this court has jurisdiction to review a district court decision compelling a company to submit to discovery where it is not a party to the underlying litigation. Because we find that this nonfinal discovery order does not fall under the collateral order exception of...

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