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IN RE LONG ISLAND LIGHTING CO.

Docket No. 97-3064

129 F.3d 268 (1997)

In re LONG ISLAND LIGHTING COMPANY, Retirement Income Plan Of Long Island Lighting Company and its predecessor plans, and Robert X. Kelleher, Petitioners. Robert T. BECHER, Roger Hennessey, Kenneth Hutchenson, Daniel Mcdiarmid, Paul Morea, Robert Pohalski, Joseph Rosado and John Thalmann, Plaintiffs, v. LONG ISLAND LIGHTING COMPANY, Retirement Income Plan Of Long Island Lighting Company and its predecessor plans, and Robert X. Kelleher, Defendants.

United States Court of Appeals, Second Circuit.

Decided November 12, 1997.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae, LLP, Michael Lesch, Frank Cummings, John G. Nicolich, of counsel, New York City; and Leonard P. Novello, General Counsel, Long Island Lighting Company, (Stephen W. McCaffrey, Cynthia R. Clark, of counsel), Hicksville, NY, for Petitioners.

Weil, Gotshal & Manges LLP, James W. Quinn, Jeffrey S. Klein, Nicholas J. Pappas, of counsel, New York City, and Curto, Barton & Alesi, P.C., Anthony Curto, Barbara Shaheen Alesi, Joseph P. Glynn, of counsel, Melville, NY, for Respondents.

Before: MESKILL and JACOBS, Circuit Judges, and TSOUCALAS, Judge

JACOBS, Circuit Judge.

Petitioners Long Island Lighting Company ("LILCO") and its present and predecessor employee-benefit plans (and plan trustee) seek a writ of mandamus on the ground that certain documents they have been ordered to produce in this action are protected by the attorney-client privilege. Respondents are current and former LILCO employees who brought this certified class action seeking damages and equitable...

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