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MADDEN v. CREATIVE SERVICES, INC.

No. 1180, Docket 93-7976, 93-7990.

51 F.3d 11 (1995)

George MADDEN and Rosanne Cohen, Plaintiffs-Appellants-Cross-Appellees, v. CREATIVE SERVICES, INC., Alan T. Sklar, Individually and as an Officer of Creative Services, Inc., Ralph Douglas Howe, Jr. and Michael Sean Cole, Defendants-Appellees, National Amusements, Inc. and Sumner Redstone, Individually and as an Officer of National Amusements, Inc., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Finally Submitted January 18, 1995.

Decided March 20, 1995.

Attorney(s) appearing for the Case

A. Vincent Buzard, Rochester, NY (Adele M. Fine, Rochester, NY, on the brief), for plaintiffs-appellants-cross-appellees.

Norman M. Spindelman, Rochester, NY (Karl S. Essler, Francis C. Affronti, Fix, Spindelman, Brovitz, Turk, Himelein & Shukoff, Rochester, NY, on the brief), for defendants-appellees.

Kenneth A. Payment, Rochester, NY (Carol L. O'Keefe, Harter, Secrest & Emery, Rochester, NY, on the brief), for defendants-appellees-cross-appellants.

James E. Rooks, Jr., Cheryl Flax-Davidson, Barry J. Nace, Washington, DC, submitted a brief for amicus curiae Ass'n of Trial Lawyers of America.

Before: NEWMAN, Chief Judge, MAHONEY and CAMPBELL, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal and cross-appeal primarily concern the issue of whether New York state law recognizes a tort cause of action for breach of the attorney-client privilege when an intruder makes an unauthorized inspection of a client's documents in a lawyer's office. The issue arises on an appeal by George Madden and his wife Rosanne Cohen ("the Maddens") from a judgment of the District Court for the Western District of New York (Michael A. Telesca...

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