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U.S. v. ADLMAN

No. 236, Docket 96-6095.

134 F.3d 1194 (1998)

UNITED STATES of America, Petitioner-Appellee, v. Monroe ADLMAN, as Officer and Representative of Sequa Corporation, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

John J. Tigue, Jr., New York City, (Linda A. Lacewell, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City, Bryan C. Skarlatos, Kostelanetz & Fink, New York City), for Respondent-Appellant.

William J. Hoffman, Assistant United States Attorney, (Mary Jo White, United States Attorney for the Southern District of New York, Steven M. Haber, Assistant United States Attorney, New York City, of Counsel), for Petitioner-Appellee.

Before KEARSE, LEVAL, and CABRANES, Circuit Judges.

LEVAL, Circuit Judge:

This appeal concerns the proper interpretation of Federal Rule of Civil Procedure 26(b)(3) ("the Rule"), which grants limited protection against discovery to documents and materials prepared "in anticipation of litigation."1 Specifically, we must address whether a study prepared for an attorney assessing the likely result of an expected litigation is ineligible for protection...

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