SCHAEFFER v. WAGNER

No. 85-1087.

765 F.2d 133 (1985)

Alan SCHAEFFER, et al., Plaintiffs-Appellees, v. David J. WAGNER and Wagner & Waller, a Colorado partnership, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 19, 1985.


Attorney(s) appearing for the Case

John D. Phillips, Jr. and Daniel W. Pinkston of Hall & Evans, Denver, Colo., for defendants-appellants.

Paul G. Bursiek, Jr., Boulder, Colo., for plaintiffs-appellees.

Before BARRETT and McWILLIAMS, Circuit Judges, and KERR, District Judge.


McWILLIAMS, Circuit Judge.

The question here is whether the trustee of Maxwell Energy Equipment Co., a Colorado corporation in bankruptcy, has the power to waive the debtor-corporation's attorney-client privilege with respect to communications between the corporation and its attorneys occurring before the bankruptcy proceedings and the appointment of the trustee. United States Magistrate Hilbert Schauer held that the trustee had that power. United States District...

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