ADMIRAL INS. CO. v. U.S. DIST. COURT FOR DIST. OF ARIZ.

No. 88-7345.

881 F.2d 1486 (1989)

ADMIRAL INSURANCE COMPANY, a Delaware Corporation, Petitioner, v. UNITED STATES DISTRICT COURT for the DISTRICT OF ARIZONA, Respondent, and King Ranch Properties Limited Partnership, an Arizona Limited Partnership, et al., Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1989.


Attorney(s) appearing for the Case

Wm. S. Hawgood, II, Dan M. Durrant, Marcia Horn Yavitz, Streich, Lang, Weeks & Cardon, P.A., Phoenix, Ariz., for petitioner Admiral Ins. Co., a Delaware corp.

Anthony P. Coles, pro hac vice, Slade & Pellman, New York City, and Allan J. Kasen, Sacks, Tierney, Kasen & Kerrick, P.A., Phoenix, Ariz., for real parties in interest Kredietbank, N.V.

John D. Everroad, Jerome B. Shultz, Timothy Berg, Fennemore Craig, Phoenix, Ariz., for real parties in interest, U S West Financial Services, Inc.

Charles L. Chester, Kevin Fallon McCarthy, Ryley, Carlock & Applewhite, Phoenix, Ariz., for real parties in interest, King Ranch Properties Ltd. Partnership, James L. King and Esther Z. King, husband and wife, Gwendolyn King Thompson, Rosemary Harbushka, James L. King, Jr., James L. King and Esther Z. King, as Trustees of the Amended and Restated Declaration and Agreement of Trust dated August 20, 1989 (originally executed June 30, 1972), as amended, Bert and Ann Ferganchick.

Before BROWNING, FARRIS and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

Admiral Insurance Company petitions this court for a writ of mandamus directing the district court to vacate its order compelling production of statements obtained by Admiral's counsel in anticipation of a securities fraud action. Petitioner contends that these statements are protected from discovery by the attorney-client privilege. The district court ordered the statements produced upon plaintiffs' assertion that the information sought...

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