This section contains the nature of the case and procedural background.

Marrese (P) was denied membership in the American Academy of Orthopaedic Surgeons (D). P sued in state court, and his complaint was dismissed for a failure to specify a valid state-law claim. P filed a federal antitrust action. P sought to examine D's membership files to ascertain whom to depose. P demanded that D produce all documents relating to denials of memberships between 1970-1980. Those files contained confidential information. The district court ordered the production of the files along with a protective order for P to keep the information confidential. D refused to produce the files and was held in contempt and fined. D appealed the order of contempt.

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