Document Type


Publication Date



In this case we are called upon once again to determine whether an interlocutory order meets the standards of appealability. The order was entered in the United States District Court for the District of Connecticut (Burns, J.) and was made in response to a motion to compel the testimony of a non-party witness at a pre-trial deposition held in Connecticut. The witness claimed his fifth amendment privilege in refusing to answer certain questions put to him relating to an action pending in the Southern District of New York. The motion to compel was denied, and the appeal before us challenges that ruling. We hold that the order is not appealable and dismiss the appeal.


849 F.2d 70 (1988)

BARRICK GROUP, INC., Delphi Associates Limited Partnership, Jayarm Associates Limited Partnership, Barrick Ralston Limited Partnership, Barrick North Belt Limited Partnership, Barrick Westwood Limited Partnership, and Barrick Atlanta I Limited Partnership, Plaintiffs-Appellants,


Richard H. MOSSE, Defendant-Appellee, George Marvin-Smith, Richard Scholnick, Non-Party Witness, Appellees.

No. 552, Docket 87-7742.

United States Court of Appeals, Second Circuit.

Argued March 15, 1988.

Decided June 8, 1988.

New York Law School location: File #529, Box #121