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IN RE COLUMBIA/HCA HEALTHCARE

No. 00-6059.

293 F.3d 289 (2002)

In re COLUMBIA/HCA HEALTHCARE CORPORATION BILLING PRACTICES LITIGATION. Tennessee Laborers Health & Welfare Fund; Board of Trustees of the Carpenters & Millwrights of Houston & Vicinity Health And Welfare Trust Fund; Board of Trustees of the Pipefitters Local 522 Hospital, Medical and Life Benefit Fund; Operating Engineers Local 312 Health & Welfare Fund; United Paperworkers International Union; Cordula Boysen, Plaintiffs-Appellees, [VV] v. Columbia/HCA Healthcare Corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2002.

Attorney(s) appearing for the Case

Jane B. Stranch (briefed), Branstetter, Kilgore, Stranch & Jennings, Nashville, TN, Morris A. Ratner (briefed), Lieff, Cabraser, Heimann & Bernstein, San Francisco, CA, Richard M. Heimann (briefed), David S. Stellings (argued and briefed), Erik L. Shawn (briefed), Lieff, Cabraser, Heimann & Bernstein, New York, NY, for Plaintiffs-Appellees.

Peter L. Winik (briefed), Richard P. Bress (argued and briefed), Latham & Watkins, Washington, DC, for Defendant-Appellant.

Before: BOGGS and MOORE, Circuit Judges; RUSSELL, District Judge.

RUSSELL, D.J., delivered the opinion of the court, in which MOORE, J., joined. BOGGS, J. (pp. 307-314), delivered a separate dissenting opinion.

OPINION

RUSSELL, District Judge.

This action is an interlocutory appeal from an order of the district court compelling Columbia/HCA Healthcare Corporation ("Columbia/HCA") to produce certain otherwise privileged documents. Columbia/HCA having previously produced the documents to the Department of Justice...

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