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U.S. v. DELOITTE LLP

No. 09-5171.

610 F.3d 129 (2010)

UNITED STATES of America, Appellant, v. DELOITTE LLP, Appellee. Dow Chemical Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2010.

Attorney(s) appearing for the Case

Judith A. Hagley, Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Gilbert S. Rothenberg, Deputy Assistant Attorney General, and Robert W. Metzler, Attorney. Andrew Weiner, Attorney, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.

Hartman E. Blanchard, Jr. argued the cause for intervenor Dow Chemical Company on behalf of appellee. With him on the brief were Christopher P. Murphy and John B. Magee. Michael D. Warden entered an appearance.

Before: SENTELLE, Chief Judge, and BROWN and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

The United States appeals from a district court order denying its motion to compel Dow Chemical Company's independent auditor, Deloitte & Touche USA, LLP,1 to produce three documents in connection with ongoing tax litigation between Dow and the government. The district court ruled that all three documents were...

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