GREATER NEWBURYPORT CLAMSHELL ALLIANCE v. PSCNH

No. 87-1037.

838 F.2d 13 (1988)

GREATER NEWBURYPORT CLAMSHELL ALLIANCE, et al., Plaintiffs, v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al., Defendants, Appellees, Appeal of Jan SCHLICHTMANN.

United States Court of Appeals, First Circuit.

Decided January 29, 1988.


Attorney(s) appearing for the Case

Nancy Gertner with whom Judith H. Mizner, Silverglate, Gertner, Fine, Good & Mizner, John Reinstein, Civ. Liberties Union of Massachusetts, Jan Schlichtmann, Schlichtmann, Conway & Crowley, Boston, Mass., Robert Stein and Shaheen, Cappiello, Stein & Gordon, Concord, N.H., were on joint brief, for appellant Jan Schlichtmann and plaintiffs Greater Newburyport Clamshell Alliance.

J. Kent Pearson, Jr., with whom Edward M. Kaplan and Sulloway Hollis & Soden, Concord, N.H., were on brief, for defendants, appellees Public Service Co. of New Hampshire and Donald Bazin.

Daniel Mullen with whom Stephen J. Judge and David S. Peck, Asst. Attys. Gen., and Stephen E. Merrill, Atty. Gen., Concord, N.H., were on brief, for defendants, appellees James Nims, William Dodge and Richard Campbell.

Before CAMPBELL, Chief Judge, BOWNES and TORRUELLA, Circuit Judges.


TORRUELLA, Circuit Judge.

Schlichtmann appeals from an order of the district court holding him in contempt for refusing to answer defendants-appellees' discovery requests. The court had ruled that Schlichtmann, plaintiffs' counsel in this 42 U.S.C. § 1983 suit, could not invoke the attorney-client privilege in response to appellees' service of a notice of deposition upon written questions. This case presents the issue of the extent to which a client, by instituting...

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