TRANSAMERICA COMPUTER v. INTERN. BUSINESS MACHINES

No. 76-2789.

573 F.2d 646 (1978)

TRANSAMERICA COMPUTER COMPANY, INC., Plaintiff and Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant and Appellee.

United States Court of Appeals, Ninth Circuit.

April 20, 1978.


Attorney(s) appearing for the Case

Richard J. Lucas (argued), of Orrick, Herrington, Rowley & Sutcliffe, San Francisco, Cal., for plaintiff and appellant.

Charles M. Waygood (argued), of Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant and appellee.

Before WATERMAN, CARTER and KENNEDY, Circuit Judges.


WATERMAN, Circuit Judge:

On this interlocutory appeal brought pursuant to 28 U.S.C. § 1292(b) we are required to address the narrow issue of whether defendant-appellee International Business Machines Corporation ("IBM"), by virtue of its inadvertent production of certain documents in accelerated discovery proceedings in a prior unrelated antitrust lawsuit in which it was a defendant, has waived its right to claim here that those documents are privileged and therefore...

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