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UNITED COAL COMPANIES v. POWELL CONST. CO.

No. 87-3431.

839 F.2d 958 (1988)

UNITED COAL COMPANIES, Appellant, v. POWELL CONSTRUCTION COMPANY and Interstate Equipment Corporation and Bethlehem Steel Corporation, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 17, 1988.

Attorney(s) appearing for the Case

David A. Scotti (argued), C.S. Fossee, Reale, Fossee & Ferry, P.C., Pittsburgh, Pa., for Interstate Equipment Corp.

G. Daniel Carney (argued), Deborah P. Powell, Thorp, Reed & Armstrong, Pittsburgh, Pa., for Bethlehem Steel Corp.

Robert R. Reeder (argued), Susan M. Danielski, Judith A. Mackarey, Cozen and O'Connor, Philadelphia, Pa., James R. Hankle, Doherty and Robb, P.C., Pittsburgh, Pa., for United Coal Companies.

Daniel J. Ryan, Labrum and Doak, Philadelphia, Pa., for amicus curiae The Defense Research Institute, Inc.

Before GIBBONS, Chief Judge, SLOVITER and COWEN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Chief Judge:

United Coal Companies (United) appeals from a final judgment dismissing its diversity products liability complaint against Interstate Equipment Corp. (Interstate) and Bethlehem Steel Corp. (Bethlehem) with prejudice for failure to comply with court orders respecting discovery. United contends that the court erred in ordering discovery of materials to which the attorney client or work product privileges applied....

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