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Judge declines to quash Fox subpoena for testimony

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PROVIDENCE, R.I. (AP) — The Rhode Island judge hearing the 38 Studios lawsuit has declined to quash a subpoena for testimony from ex-House Speaker Gordon Fox.

Defendant First Southwest had subpoenaed Fox for deposition testimony. A court spokesman said Judge Michael Silverstein ruled Tuesday.

Another defendant, Wells Fargo, has also subpoenaed Fox for documents related to ex-Red Sox pitcher Curt Schilling's now-bankrupt video game company.

Fox attorney Albin Moser has cited raids on the Speaker's home and Statehouse office as part of a criminal investigation in his bid to quash both subpoenas. He has also cited Fox's Fifth Amendment protection against self-incrimination. A message was left for Moser.

The state's economic development agency is suing over the collapse of 38 Studios. Its board approved a $75 million loan guarantee for the company in 2010.

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