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KOBLUK v. UNIVERSITY OF MINNESOTA

No. C4-96-1389.

574 N.W.2d 436 (1998)

Dr. Calvin KOBLUK, Respondent, v. UNIVERSITY OF MINNESOTA, petitioner, Appellant.

Supreme Court of Minnesota.

January 28, 1998.

Attorney(s) appearing for the Case

Robert J. Hennessey, Ansis V. Viksnins, Lindquist & Vennum, P.L.L.P., Minneapolis, for appellant.

Mark B. Rotenberg, General Counsel, Univ. of Minnesota, Tracy M. Smith, Associate General Counsel, Minneapolis, for respondent.

Michael J. Ford, William V. Faerber, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for amicus curiae Minnesota Defense Lawyers Association.

Heard, considered, and decided by the court en banc.

OPINION

TOMLJANOVICH, Justice.

This case presents the issue of whether the attorney-client privilege may attach to preliminary drafts of a document, exchanged between a client and a lawyer, when the final version is published to a third party. Pursuant to the Minnesota Government Data Practices Act, an assistant professor at the University of Minnesota sought to obtain two earlier drafts of a letter in which the university conveyed its decision to deny him...

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