IN RE MOTOR FUEL TEMPERATURE SALES PRACTICES

Nos. 10-3086, 10-3101.

641 F.3d 470 (2011)

In re MOTOR FUEL TEMPERATURE SALES PRACTICES LITIGATION.

United States Court of Appeals, Tenth Circuit.

May 24, 2011.


Attorney(s) appearing for the Case

Tristan L. Duncan ( Manuel Lopez , Kevin R. Corlew , and Sarah Lynn Baltzell , Shook, Hardy & Bacon, L.L.P., Kansas City, MO, Alphonse Alfano and Robert Bassman , Bassman, Mitchell & Alfano Chartered, Washington, D.C., Joseph M. Weiler , Alderson, Alderson, Weiler, Conklin, Burghart, & Crow, LLC, Topeka, KS, Rusty Rinehart , Rinehart Law Offices, Campbell, CA, John F. O'Connor , Steptoe & Johnson, LLP, Washington, D.C., with counsel on the briefs), Shook, Hardy & Bacon, L.L.P., Kansas City, MO, for Appellants.

Elizabeth G. Taylor ( Robert A. Horn and Joseph A. Kronawitter , Horn Aylward & Bandy, LLC, Kansas City, MO, with counsel on the briefs), Zuckerman Spaeder LLP, Washington, D.C., for appellees.

Before KELLY and MURPHY, Circuit Judges, and TACHA, Senior Circuit Judge.


TACHA, Senior Circuit Judge.

The appellants, who include the defendant motor fuel retailers ("defendants" or "retailers") and non-party, retail motor fuel trade associations ("non-party trade associations" or "trade associations") to which the retailers belong, seek reversal of the district court's discovery order directing them to disclose information that they claim is privileged under the First Amendment. To achieve this end, the appellants filed both an interlocutory...

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