In re Burlington Northern, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
REAVLEY, Circuit Judge:
The plaintiffs in this antitrust suit claim that the defendant railroads conspired to prevent construction of a coal slurry pipeline. Contending, among other things, that the railroads accomplished their anticompetitive goal through filing and defending certain lawsuits, the plaintiffs seek discovery of documents relating to those lawsuits. The railroads resist discovery on the grounds of attorney/client privilege and work product immunity. The district court rejected this claim of privilege, holding that *521because the documents were prepared in furtherance of an illegal…
2Cases cited43 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
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3Cited by48 opinions
- Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
- Admiral Insurance Company v. United States District CourtCourt of Appeals for the Ninth Circuit · 1989
- Video International Production, Inc., Cross-Appellee v. Warner-Amex Cable Communications, Inc., the City of Dallas, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1988
- In Re the Regents of the University of CaliforniaCourt of Appeals for the Federal Circuit · 1996
- Ludwig v. Superior CourtCalifornia Court of Appeal · 1995
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