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MENASHA CORP. v. U.S. DEPT. OF JUSTICE

No. 12-1720.

707 F.3d 846 (2013)

MENASHA CORPORATION and Neenah-Menasha Sewerage Commission, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 2013.

Attorney(s) appearing for the Case

Philip C. Hunsucker , David A. Rabbino (argued), Attorneys, Hunsucker Goodstein & Nelson PC, Lafayette, CA, William J. Mulligan , Attorney, Davis & Kuelthau, Milwaukee, WI, for Plaintiffs-Appellees.

Samantha L. Chaifetz (argued), Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC, Christian R. Larsen , Attorney, Office of the United States Attorney, Milwaukee, WI, Mark B. Stern , Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellant.

Before POSNER and WILLIAMS, Circuit Judges, and NORGLE, District Judge.

POSNER, Circuit Judge.

This appeal requires us to decide whether the attorney work product privilege protects from pretrial discovery work product exchanged between Justice Department lawyers who are assigned to provide legal assistance to federal agencies that have conflicting interests.

The core of attorney work product consists of "the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the...

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