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Date: 20010614

Docket: A-616-00

Neutral citation: 2001 FCA 201

CORAM:        LINDEN J.A.

ISAAC J.A.

NOËL J.A.

BETWEEN:

VISX, INCORPORATED

Appellant

- and -

NIDEK CO., LTD., DR. HOWARD GIMBEL

and DR. DONALD JOHNSON

Respondents

Heard at Ottawa, Ontario on Thursday, June 14, 2001

Judgment delivered from the Bench at Ottawa on June 14, 2001

REASONS FOR JUDGMENTOF THE COURT BY:                                                 NOËL J.A.


Date: 20010614

Docket: A-616-00

Neutral citation: 2001 FCA 201

CORAM:        LINDEN J.A.

ISAAC J.A.

NOËL J.A.

BETWEEN:

VISX, INCORPORATED

Appellant

- and -

NIDEK CO., LTD., DR. HOWARD GIMBEL

and DR. DONALD JOHNSON

Respondents

                                     REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario

on Thursday, June 14, 2001)

NOËL J.A.

[1]                We are all of the view that the motions Judge committed no reviewable error in refusing to compel the respondents' affiants to answer specified questions at their cross-examinations.

[2]                The appeal will be dismissed with costs in favour of each respondent.

                  "Marc Noël"                

J.A.

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