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IN RE ERNST & YOUNG, LLP

No. COA07-1219.

663 S.E.2d 921 (2008)

In the Matter of the Summons Issued to ERNST & YOUNG, LLP and all Subsidiaries, Affiliated and Associated Entities.

Court of Appeals of North Carolina.

August 5, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Gregory P. Roney, for the Secretary of the North Carolina Department of Revenue-appellee.

Alston & Bird LLP, by Jasper L. Cummings, Jr., Raleigh, and Robin L. Greenhouse, Washington, DC, for intervenor-appellant.

CALABRIA, Judge.

Wal-Mart Stores, Inc. ("intervenor") appeals an order denying intervenor's motion to dismiss and an order compelling Ernst & Young, LLP ("E & Y") to comply with a North Carolina Department of Revenue Administrative summons. We affirm the order denying the motion to dismiss and remand for an in camera review to determine whether E & Y's documents are privileged.

In 1995, E & Y provided consulting services to intervenor...

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