DELLWOOD FARMS, INC., et al., Plaintiffs-Appellees,
v.
CARGILL, INC., et al., Defendants.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued September 15, 1997.
Decided October 30, 1997.
Rehearing and Suggestion for Rehearing Denied December 3, 1997.
Attorney(s) appearing for the Case
Michael J. Freed, Much, Shelist, Freed, Denenberg & Ament, Chicago, IL, H. Laddie Montague, Jr. (argued), Charles P. Goodwin, Berger & Montague, Philadelphia, PA, Robert N. Kaplan, Kaplan, Kilsheimer & Fox, New York City, for Dellwood Farms, Sun Dew Sales, Corp., and Vitafood Products, Inc.
Barat S. McClain, Mary Jane Fait, Much, Shelist, Freed, Denenberg & Ament, Chicago, IL, H. Laddie Montague, Jr., Charles P. Goodwin, Berger & Montague, Philadelphia, PA, for Rite Foods, Inc.
Edward F. Malone, Jenner & Block, Chicago, IL, Terrence M. Grimm, Winston & Strawn, Chicago, IL, Joseph J. Duffy, Schiff, Hardin & Waite, Chicago, IL, Robert E. Bloch, Mayer, Brown & Platt, Washington, DC, Reid H. Weingarten, Steptoe & Johnson, Washington, DC, John D. Bray, Schwalb, Donnenfeld, Bray & Silbert, Washington, DC, Aubrey M. Daniel, III, Williams & Connolly, Washington, DC, for Cargill, Inc., AE Staley Manufacturing Co., and Archer-Daniels-Midland Co.
Donald R. Harris, Edward F. Malone, Jenner & Block, Chicago, IL, F. Louis Behrends, Behrends & Gentry, Peoria, IL, for American Maize Products Co.
Frank W. Hunger, Office of the United States Attorney General, Washington, DC, Mark Stern (argued), Alisa B. Klein, Carl E. Goldfarb, Department of Justice, Civil Division, Appellate Section, Washington, DC, John J. Powers, III, Department of Justice, Antitrust Division, Appellate Section, Washington, DC, for U.S. Department of Justice.
Joseph J. Duffy, Catherine M. Masters, Schiff, Hardin & Waite, Chicago, IL, John D. Bray, James T. Phalen, Kevin M. Dinan, Schwalb, Donnenfeld, Bray & Silbert, Washington, DC, for Michael D. Andreas.
Reid H. Weingarten, Mark J. Hulkower, Steptoe & Johnson, Washington, DC, for Terry Wilson.
Before POSNER, Chief Judge, and CUMMINGS and ROVNER, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied December 3, 1997.*
POSNER, Chief Judge.
This appeal by the United States from an order by the district judge to turn over to private civil plaintiffs materials that the Department of Justice is holding for use in criminal investigations presents important questions concerning what is known as the "law enforcement investigatory privilege," a judge-fashioned evidentiary privilege...
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