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IN RE MORTGAGE & REALTY TRUST

Bankruptcy No. LA 95-31101 SB, Adversary No. AD 95-05861SB.

212 B.R. 649 (1997)

In re MORTGAGE & REALTY TRUST, Debtors. In re VALUE PROPERTY TRUST, Plaintiff, v. ZIM COMPANY, Defendant.

United States Bankruptcy Court, C.D. California.

September 16, 1997.

Attorney(s) appearing for the Case

Bernard Shapiro, Spencer J. Helfen, Murphy, Weir & Butler, Los Angeles, CA.

Bennett J. Murphy, Michael J. Lawrence, Latham & Watkins, Los Angeles, CA.

AMENDED OPINION ON COMMON INTEREST PRIVILEGE MOTION

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. INTRODUCTION

This motion raises the issue of whether a three-way conversation between the debtor's executive vice-president, bankruptcy counsel for the debtor, and counsel for the unofficial committee of creditors is protected by the attorney-client privilege, as extended by the common interest doctrine. The court holds that the communication is privileged...

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