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      Lawmaker subpoena on 38 Studios being withdrawn

      38 Studios Logo

      An attorney who was seeking deposition testimony from a Rhode Island House lawmaker in the 38 Studios civil lawsuit said Tuesday he is withdrawing the subpoena.

      Lawyer William Dolan told The Associated Press he has agreed to withdraw the subpoena. He represents lawyer Robert Stolzman and the firm Adler Pollock & Sheehan, two of the defendants in the suit filed by the state's economic development agency over the collapse of ex-Red Sox pitcher Curt Schilling's video game company.

      Dolan declined to say why he was withdrawing the subpoena or identify the lawmaker he had sought a deposition from. House spokesman Larry Berman has also declined to identify the member.

      Stolzman and his firm previously represented the agency formerly known as the Economic Development Corp.

      House Speaker Nicholas Mattiello on Saturday informed lawmakers in an email that someone had been subpoenaed and said he expected others would be, too. The General Assembly in 2010 approved the program under which 38 Studios got a $75 million state-guaranteed loan.

      Berman had no immediate comment on the withdrawal of the subpoena.

      A second House lawmaker also was contacted recently about a subpoena, but it apparently was not served. Ex-Speaker Gordon Fox was previously subpoenaed for documents and testimony in the case. He resigned his leadership post in March following raids on his Statehouse office and home as part of a criminal investigation about which little is known.

      Schilling's startup went bankrupt in 2012. The state remains responsible for some $89 million related to the loan guarantee and is suing to try to recoup some of the money.