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TRUCKSTOP.NET, LLC v. SPRINT CORP.

No. 07-35123.

547 F.3d 1065 (2008)

TRUCKSTOP.NET, LLC, Plaintiff-Appellee, v. SPRINT CORPORATION, Defendant-Appellant, Sprint Communications Company, L.P., Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2008.

Attorney(s) appearing for the Case

Stephen R. Thomas, Esq. (Argued), C. Clayton Gill, Esq., Moffatt, Thomas, Barrett, Rock & Fields, Chartered, for defendant-appellant Sprint Corporation and defendant-counter-claimant-appellant Sprint Communications Company L.P.

Timothy P. Getzoff, Esq. (Argued), Steven B. Andersen, Esq., Amanda K. Brailsford, Esq., Holland & Hart LLP, for plaintiff-appellee Truckstop.net L.L.C.

Before: MELVIN BRUNETTI, JAY S. BYBEE, and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

The threshold issue in this appeal is a rather straightforward question: Do we have appellate jurisdiction under the collateral order doctrine to review a district court's interlocutory order addressing whether an inadvertently disclosed e-mail is protected by the attorney-client privilege? We hold that because the allegedly privileged information has already been disclosed we do not have jurisdiction and thus dismiss this appeal.

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