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DUPLAN CORP. v. MOULINAGE ET RETORDERIE

No. 73-1618.

487 F.2d 480 (1973)

The DUPLAN CORPORATION, Appellee, v. MOULINAGE et RETORDERIE de CHAVANOZ, Appellant, Deering Milliken, Inc., et al., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1973.

Attorney(s) appearing for the Case

Jay Greenfield, New York City (Butler, Means, Evins & Browne, Spartanburg, S. C., Paul, Weiss, Rifkin, Wharton & Garrison, Morgan, Finnegan, Durham & Pine, Simon H. Rifkind, New York City, Thomas A. Evins, Spartanburg, S. C., and Robert S. Smith, New York City, on brief), for appellant.

Fletcher C. Mann and O. G. Calhoun, Jr., Greenville, S. C. (Allan Trumbull on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and FIELD and WIDENER, Circuit Judges.

FIELD, Circuit Judge:

We entertained this appeal upon the narrow question whether upon the termination of litigation the work product documents prepared incident thereto lose the qualified immunity extended to them under Rule 26(b)(3), Federal Rules of Civil Procedure,1 and become freely discoverable in subsequent and unrelated litigation.

In this multidistrict patent-antitrust proceeding, resolution of this question is of vital...

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