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CITIBANK, N.A. v. ANDROS

No. 81-1599.

666 F.2d 1192 (1981)

In the Matter of CITIBANK, N.A., Appellant, v. Andrew ANDROS, Theodore Andros, Hy-Gain De Puerto Rico, Inc., Hy-Gain Electronics Corporation, Hy-Gain Electronics Systems Corporation and Richard N. Thompson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 16, 1981.

Attorney(s) appearing for the Case

Arnold M. Quittner, (argued), Jeffrey L. Parker, Gendel, Raskoff, Shapiro & Quittner, Los Angeles, Cal., Cline, Williams, Wright, Johnson & Oldfather, Lincoln, Neb., for appellant, Citibank, N.A.

Donn E. Davis, (argued), Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, Neb., for appellees, Andrew Andros, Hy-Gain De Puerto Rico, Inc., Hy-Gain Electronics Corp., Hy-Gain Electronics Systems Corp.

Before BRIGHT and ROSS, Circuit Judges, and LARSON, Senior District Judge.

BRIGHT, Circuit Judge.

This case presents the single issue of whether the trustee in bankruptcy may waive the attorney-client privilege of a corporate debtor, over the objection of officers of the debtor corporation. The district court ruled that the trustee could not waive the privilege on behalf of the corporation. In the circumstances of this case, we conclude that the trustee may waive the bankrupt corporation's attorney-client privilege. Accordingly, we reverse...

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