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            several other Federal courts.5  The court in Tucker v. Ohtsu Tire                           
            & Rubber Co., supra, formulated guidelines, which it distilled                              
            from various court holdings, to assist in deciding whether it is                            
            appropriate to enter a discovery order that would have the effect                           
            of modifying an order issued by another court.  We find that                                
            formulation helpful in our consideration of respondent’s motion                             
            to compel petitioner’s production of the deposition transcripts                             
            in question.                                                                                
                  The first area of inquiry is the nature of the other court’s                          
            protective order.  This inquiry focuses on whether the order was                            
            issued by a court as its resolution of a controversy or whether                             
            the court simply approved the parties’ agreement.  Courts have                              
            afforded less deference to orders based on an agreement of the                              
            parties and merely approved by the court.  Conversely, more                                 
            deference has been afforded in situations where a court’s order                             
            resulted from a holding that is based on the court’s deliberative                           
            process.                                                                                    




                  5 Cases where one court compelled production of material                              
            from a prior proceeding subject to a protective order:  Morton                              
            Intl., Inc. v. Atochem N. Am., Inc., 18 U.S.P.Q.2d 1411 (D. Del.                            
            1990); LeBlanc v. Broyhill, 123 F.R.D. 527 (W.D.N.C. 1988); and                             
            Carter-Wallace Inc. v. Hartz Mountain Indus., Inc., 92 F.R.D. 67                            
            (S.D.N.Y. 1981).  Cases where production was denied:  Dushkin                               
            Publg. Group, Inc. v. Kinko’s Serv. Corp,, 136 F.R.D. 334, 335                              
            (D.D.C. 1991); Deford v. Schmid Prods. Co., 120 F.R.D. 648, 650,                            
            655 (D. Md. 1987); and Puerto Rico Aqueduct & Sewer Auth. v. Clow                           
            Corp., 111 F.R.D. 65, 67-68 (D.P.R. 1986).                                                  





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