GILL v. GULFSTREAM PARK RACING ASS'N., INC.

No. 04-1944.

399 F.3d 391 (2005)

Michael J. GILL, Plaintiff, Appellee, v. GULFSTREAM PARK RACING ASSOCIATION, INC.; Scott Savin, Defendants, Anthony F. Otero; Thoroughbred Racing Protective Bureau, Interested Parties, Appellants.

United States Court of Appeals, First Circuit.

Decided March 7, 2005.


Attorney(s) appearing for the Case

Alan R. Hoffman, with whom Dale C. Kerester, Lynch, Brewer, Hoffman & Fink LLP, Peter S. Cowan, and Sheehan Phinney Bass + Green, Professional Association, were on brief, for appellants.

Steven M. Gordon, with whom Arpiar G. Saunders, Jr., James D. Rosenberg, and Shaheen & Gordon, P.A., were on brief, for appellee.

Michael J. Liston, Norman I. Barron, and Barron Peck Bennie & Schlemmer on brief for Association of Racing Commissioners International, amicus curiae.

Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.


LYNCH, Circuit Judge.

This case raises the question of recognition of an informant's privilege and the associated public interests which underlie the privilege. The issue comes to us on arguments from a third-party investigative arm of an association of private race tracks, that the district court, under Fed. R. Civ. R. 26, erred in failing to recognize those interests when it ordered disclosure of the identities of informants who told of illegal activities by the...

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