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DUPLAN CORP. v. MOULINAGE et RETORDERIE de CHAVANOZ

No. 74-1221.

509 F.2d 730 (1974)

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 18, 1974.

As Amended on Denial of Rehearing December 20, 1974.

Certiorari Granted March 24, 1975.

Attorney(s) appearing for the Case

Jay H. Topkis, New York City (Butler, Means, Evins & Browne, Spartanburg, S. C., and Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on brief), for appellant Chavanoz.

Fletcher C. Mann, Greenville, S. C. (Allan Trumbull, New York City, O. G. Calhoun, Jr., Greenville, S. C., John J. Barnhardt, III, Charlotte, N. C., Michael R. Abel, Greensboro, N. C., and Lawrence A. Hymo, Washington, D. C., on brief), for appellee Duplan Corp.

Before ADAMS, FIELD and WIDENER, Circuit Judges.

Certiorari Granted March 24, 1975. See 95 S.Ct. 1438.

WIDENER, Circuit Judge:

This case presents the question whether an attorney's opinion work product material developed in prior terminated litigation may properly become the subject of discovery in connection with subsequent litigation. The issue involves the work product doctrine of Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L. Ed. 451 (1947), and the scope of the...

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