United States v. Columbia Broadcasting System, Inc.

666 F.2d 364 (1982)

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United States v. Columbia Broadcasting System, Inc.

United States Court of Appeals for the Ninth Circuit
666 F.2d 364 (1982)

Facts

The United States Department of Justice (plaintiff) filed antitrust lawsuits against various television networks (networks) (defendants) challenging the way the networks obtained certain programming from television programming producers and their studios (the studios). During pretrial discovery, the networks subpoenaed extensive discovery material from the studios. The studios filed a motion to quash the subpoena and expressly reserved the right to seek reimbursement of their costs to comply with the subpoena should they be ordered to do so. The trial court denied the studios’ motion to quash and did not address the issue of costs. It took 18 months and cost approximately $2.3 million for the studios to comply with the subpoena. The trial court issued an order denying the studios’ requests for reimbursement of their costs. The studios appealed from the trial court’s order denying reimbursement, and the networks filed a motion to dismiss the appeal for lack of appellate jurisdiction, arguing that the order was not an appealable order.

Rule of Law

Issue

Holding and Reasoning (Boochever, J.)

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