FIBERGLASS INSULATORS, INC. v. DUPUY

No. 87-3885.

856 F.2d 652 (1988)

FIBERGLASS INSULATORS, INC.; Fiberglass Insulators of Savannah, Inc., Plaintiffs-Appellants, v. Gerard W. DUPUY, Alpha T. Bailey, Richard O. Williams, Bailey Specialties, Inc., Gulf Atlantic Insulators, Inc., Dupuy-Williams, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1988.


Attorney(s) appearing for the Case

Harry A. Swagart, III (James H. Lengel, Swagart & Lengel, Columbia, S.C., Charles C. Murphy, Jr., Vaughan, Davis, Birch & Murphy, Atlanta, Ga., on brief), for plaintiffs-appellants.

R. Bruce Beckner (Timothy J. O'Rourke, Dow, Lohnes & Albertson, Washington, D.C., Chandler Kite Stanard, Stanard & Mark, Mobile, Ala., William H. Grimball, Sr., Grimball & Cabaniss, Charleston, S.C., on brief), for defendants-appellees.

Before RUSSELL and WIDENER, Circuit Judges, and BUTZNER, Senior Circuit Judge.


WIDENER, Circuit Judge:

In this interlocutory appeal, plaintiffs challenge the order of the district court which prevents them from offering evidence, at trial, of statements made by attorneys in the course of settling prior related litigation between the same parties.1 We believe that Fed.R.Evid. 408, and the public policy of encouraging settlement which underlies that rule, requires exclusion of such testimony. Accordingly, we affirm...

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