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EXOTICA BOTANICALS v. TERRA INTERN.

No. 98-559.

612 N.W.2d 801 (2000)

EXOTICA BOTANICALS, INC., Hodge Greenhouses, Inc., Joan D. Cone d/b/a Treehouse Plants, Donald Wayne Simpson d/b/a Ornamental Horticulture, and Gator Growers Nursery, Inc., on Behalf of Themselves and All Others Similarly Situated, Appellees, v. E.I. Du Pont de NeMours & Company, Inc., Crawford & Company, Thomas M. Burke, Timothy T. Obrigawitch, Edgar S. Woolard, Jr. and Cabaniss & Burke f/k/a Cabaniss Burke & Wagner, Defendants. TERRA INTERNATIONAL, INC. and Mark Kalafut, Nonparty-Appellants. Productora de Semillas, S.A., Appellee, v. E.I. Du Pont de NeMours & Company, Inc., Crawford & Company, Thomas M. Burke, Timothy T. Obrigatwitch, Edgar S. Woolard, Jr., and Cabaniss & Burke f/k/a Cabaniss Burke & Wagner, Defendants. Terra International, Inc. and Mark Kalafut, Nonparty-Appellants.

Supreme Court of Iowa.

July 6, 2000.

Attorney(s) appearing for the Case

Byron Starns and Mary E. Schwind of Leonard, Street & Deinard, Saint Paul, Minnesota, and Patrick Sealey of Heidman, Redmond, Fredregill, Patterson, Plaza & Dykstra, Sioux City, for appellants.

Harley S. Tropin and Adam M. Moskowitz of Kozyak Tropin & Throckmorton, P.A., Miami, Florida, and Robert J. Pierson of Mayne & Mayne, Sioux City, for appellees.

Considered en banc.

McGIVERIN, Chief Justice.

This case involves a question concerning alleged waiver of the attorney work product privilege that was raised in a motion to compel discovery. See Iowa R. Civ. P. 122, 134. Iowa attorney Mark Kalafut was served with a subpoena duces tecum, issued by an Iowa district court, ordering him to produce at a deposition certain documents owned by his employer that were in his possession. Kalafut resisted the subpoena in part, arguing that...

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