DUPLAN CORP. v. DEERING MILLIKEN, INC.

No. 75-2049.

540 F.2d 1215 (1976)

The DUPLAN CORPORATION et al., Appellants, v. DEERING MILLIKEN, INC., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1976.


Attorney(s) appearing for the Case

McNeill Smith, Greensboro, N. C., (Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., Haynsworth, Perry, Bryant, Marion & Johnstone, Leatherwood, Walker, Todd & Mann, Greenville, S. C., Perrin, Perrin & Mann, Spartanburg, S. C., David Rabin, Greensboro, N. C., Cushman, Darby & Cushman, Washington, D. C., Willkie, Farr & Gallagher, New York City, Parrott, Bell, Seltzer, Park & Gibson, Charlotte, N. C., on brief, for appellants.

Jay Greenfield, New York City (Burns, McDonald, Bradford, Erwin & Few, Greenwood, S. C., Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Butler Means, Evins & Browne, Spartanburg, S. C., Morgan, Finnegan, Pine, Foley & Lee, New York City, for Chavanoz and DMRC; Brumbaugh, Graves, Donohue & Raymond, New York City, Ward, Howell, Barnes & Long, Spartanburg, S. C., for ARCT on brief), for appellees.

Before BOREMAN, Senior Circuit Judge, WIDENER, Circuit Judge, and HADEN, District Judge.


WIDENER, Circuit Judge:

This is an interlocutory appeal, certified under 28 U.S.C. § 1292(b), from an order of the district court denying pre-trial discovery of certain documents containing the mental impressions, conclusions, opinions and legal theories of the appellees' representatives and attorneys regarding certain prior litigation. This appeal marks the third time in the course of this litigation1 that we have been presented...

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