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IN RE ST. JOHNSBURY TRUCKING CO., INC.

No. 93 B 43136 (FGC). No. 94 Civ. 7970 (JSM).

176 B.R. 122 (1994)

In re ST. JOHNSBURY TRUCKING COMPANY, INC., Debtor. In the Matter of the Bankruptcy Court's October 27, 1994 Order Commencing Contested Matter to Determine Whether Sanctions Should be Imposed Against BANKERS TRUST COMPANY, Burton M. Freeman, O'Melveny & Myers, and Adam C. Harris, Respondents.

United States District Court, S.D. New York.

Order Denying Application for Withdrawal of Writ of Mandamus January 9, 1995.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., Davis Polk & Wardwell, New York City, for petitioners Burton M. Freeman and Bankers Trust Co.

Michael A. Cooper, Sullivan & Cromwell, New York City, for petitioners O'Melveny & Myers and Adam C. Harris.

Richard Levy, Marcus Montgomery Wolfson P.C., New York City, for Official Committee of Unsecured Creditors of St. Johnsbury Trucking Co.

James L. Sigel, Ropes & Gray, Boston, MA, for William M. Clifford.

Spencer Knapp, Dinse, Erdmann & Clapp, Burlington, VT, for Winthrop Stimson Putnam & Roberts and Leo T. Crowley.

Richard N. Tilton, Greenberg Traurig Hoffman Lipoff Rosen & Quentel, New York City, for St. Johnsbury Trucking Co. and debtor in possession.

MEMORANDUM OPINION AND ORDER

MARTIN, District Judge:

Bankers Trust Company (Bankers) seeks review of an order of the Bankruptcy Court which strips Bankers of its attorney-client privilege. The Bankruptcy Judge based his ruling on a determination that Bankers had committed a fraud on the court in pursuing a counterclaim which it knew to be without merit. Thus the court found that the crime/fraud exception to the attorney-client privilege applied and...

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