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IN RE MURPHY

Nos. 76-1916 and 76-1931.

560 F.2d 326 (1977)

In re Subpoena addressed to Samuel W. MURPHY, Jr., and the law firm of Donovan Leisure Newton & Irvine, Appellants. UNITED STATES of America, Plaintiff-Appellee, v. PFIZER INC. et al., Defendants (two cases). In re Subpoena addressed to Merrell E. CLARK, Jr., and Henry J. Zafian, and the law firms of Winthrop, Stimson, Putnam & Roberts and Fish & Neave, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 12, 1977.

Attorney(s) appearing for the Case

Peter Dorsey, Minneapolis, Minn. (argued), for appellants Samuel Murphy et al.; Larry L. Vickery, Franklin D. Gray and Stephen J. Snyder, Minneapolis Minn., on brief.

Sheldon Oliensis, New York City (argued), for appellants Merrell Clark et al.; Gordon G. Budicker, Minneapolis, Minn., on brief.

John J. Powers, III, U. S. Dept. of Justice, Washington D. C. (argued), for appellee; Donald I. Baker, Asst. Atty. Gen., Barry Grossman, Paul A. Owens, Edward S. Panek and John Galus, Washington, D. C., and Don O. Burley, Minneapolis, Minn., on brief.

Before GIBSON, Chief Judge, and BRIGHT and HENLEY, Circuit Judges.

GIBSON, Chief Judge.

This appeal presents sensitive and far-reaching issues regarding the extent to which an attorney's "opinion work product" is immune from discovery under Fed.R.Civ.P. 26(b)(3).1 Resolution of these issues requires an interpretation of Fed.R.Civ.P. 26(b)(3) and a review of the policies and competing interests underlying the work product privilege.

I

In 1969, the Government filed a three-count civil...

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