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FINLEY ASSOCIATES v. SEA & PINES CONSOL. CORP.,

Civ. A. No. 87-562 MMS.

714 F.Supp. 110 (1989)

FINLEY ASSOCIATES, INC., a Connecticut corporation, and Rudy Williams, Plaintiffs, v. SEA & PINES CONSOLIDATED CORP., a Delaware corporation, Mario Capano, Joseph J. Capano, Louis J. Capano, Joseph Cashman, and Willow Associates, Inc., a Delaware corporation, Defendants.

United States District Court, D. Delaware.

January 31, 1989.

Attorney(s) appearing for the Case

Roderick R. McKelvie of Ashby, McKelvie & Geddes, Wilmington, Del., of counsel, Joseph M. Hassett of Hogan & Hartson, Washington, D.C., for plaintiffs Finley Associates, Inc. and Rudy Williams.

George H. Seitz, III of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., for defendants Sea & Pines Consolidation Corp. and Louis J. Capano.

William D. Bailey, Jr. of Bayard, Handelman & Murdoch, P.A., Wilmington, Del., for defendant Mario Capano.

Louis P. Agostini, Jr. of Agostini, Levitsky & Agostini, Wilmington, Del., for defendant Joseph L. Capano.

Lawrence M. Sullivan, Wilmington, Del., for defendants Joseph Cashman and Willow Associates, Inc.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

This opinion resolves two motions by plaintiffs Finley Associates, Inc. and Rudy Williams. The first motion seeks to have an amendment to the complaint relate back to the time the complaint was filed. The second motion seeks an order compelling defendant Mario Capano to allow his former attorney to testify as to matters Capano claims are privileged. For the reasons stated below, the motions of plaintiffs will be granted...

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