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BURLINGTON NORT. & SANTA FE RY. v. DIST. COURT, MT

No. 04-72134.

408 F.3d 1142 (2005)

BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA, Respondent, Brian Kapsner and Ryann Kapsner, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2005.

Amended May 19, 2005.

Attorney(s) appearing for the Case

John C. Berghoff, Jr. (Argued), Mayer, Brown, Rowe & Maw LLP, Chicago, IL; Oliver Goe (On the Briefs), Browning, Kaleczyc, Berry & Hoven, P.C., Helena, MT, for the petitioner.

Julieann G. McGarry (Argued), Cok, Wheat, Brown & McGarry PLLP, Bozeman, MT; D. Anthony West (On the Briefs), Morrison & Foerster LLP, San Francisco, CA, for the real parties in interest.

Before: MARY M. SCHROEDER, Chief Judge, ALFRED T. GOODWIN and SUSAN P. GRABER, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The opinion filed March 31, 2005, slip op. 3893, and appearing at 403 F.3d 1042 (9th Cir.2005), is amended as follows:

At 403 F.3d 1047 (slip op. 3903, 3rd line from the bottom of the page), delete the text after ". . . the following factors:" to just before "(where providing particulars . . .") and replace with the following:

. . . the degree to which the objection or assertion of privilege enables the...

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