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RATLIFF v. DAVIS POLK & WARDWELL

Docket No. 03-7194.

354 F.3d 165 (2003)

H. Donald RATLIFF, Frank H. Cullen, and John J. Jarvis, Plaintiffs-Appellants, v. DAVIS POLK & WARDWELL, Appellee, Baan Company, N.V., Amal M. Johnson, Jaan Baan and Tom Tinsley, Defendants.

United States Court of Appeals, Second Circuit.

Decided: December 30, 2003.

Attorney(s) appearing for the Case

Philip R. Schatz, Wrobel & Schatz LLP, New York, NY, for Plaintiffs-Appellants.

Jerome G. Snider, Davis, Polk & Ward-well, New York, NY, (Guy Miller Struve, Hayward H. Smith, of counsel), for Appellee (pro se).

Before: NEWMAN, SOTOMAYOR, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

Plaintiffs appeal from the district court's denial of their motion to compel non-party appellee Davis Polk & Wardwell ("Davis Polk") — a New York law firm — to comply with a subpoena to produce non-privileged documents in its possession. The documents belong to a Dutch firm, Ernst & Young Accountants ("E & Y"), and came under Davis Polk's control during its representation of E & Y in connection with a now-resolved...

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