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SCHWAB v. PHILIP MORRIS USA INC.

July 11, 2005.

BARBARA SCHWAB, et al., Plaintiffs,
v.
PHILIP MORRIS USA INC., et al, Defendants.



The opinion of the court was delivered by: JACK WEINSTEIN, Senior District Judge

MEMORANDUM AND ORDER

On July 13, 2005 at 10:00 a.m., the parties will appear in court to argue an appeal from the Magistrate Judge's June 17, 2005 order regarding depositions of former chief executive officers. It would be useful to have counsels' preliminary views on the questions posed in the court's memorandum of June 6, 2005. In connection with the reference to Simon II, that case has not been remanded to this court from the United States Court of Appeals for the Second Circuit, since, as the court is informed, a petition for an en banc hearing has been filed.

SO ORDERED.

20050711

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