Legal Opinion

Transamerica Computer Company, Inc., and v. International Business MacHines Corporation, And

Court of Appeals for the Ninth Circuit

Decided April 20, 1978No. 76-2789PublishedCited by 115 opinions

1Opinion of the Court

WATERMAN, Circuit Judge:

On this interlocutory appeal brought pursuant to 28 U.S.C. § 1292(b) we are required to address the narrow issue of whether defendant-appellee International Business Machines Corporation (“IBM”), by virtue of its inadvertent production of certain documents in accelerated discovery proceedings in a prior unrelated antitrust lawsuit in which it was a defendant, has waived its right to claim here that those documents are privileged and therefore not discoverable by plaintiff-appellant Transamerica Computer Company, Inc. (“TCC”). The district court below held that under…

2Cases cited11 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Duplan Corporation v. Deering Milliken, Inc.District Court, D. South Carolina · 1974
  3. Underwater Storage, Inc. v. United States Rubber Co.District Court, District of Columbia · 1970
  4. Connecticut Mutual Life Insurance v. ShieldsDistrict Court, S.D. New York · 1955
  5. United States v. Kelsey-Hayes Wheel Co.District Court, E.D. Michigan · 1954

6 more not listed; retrieve them via the Exa API.

3Cited by115 opinions

  1. Hoptowit v. RayCourt of Appeals for the Ninth Circuit · 1982
  2. In Re Sealed CaseCourt of Appeals for the D.C. Circuit · 1982
  3. Lawrence S. Bittaker v. Jeanne S. Woodford, Warden, California State Prison of San QuentinCourt of Appeals for the Ninth Circuit · 2003
  4. In Re JOHN DOE CORPORATION. JOHN DOE CORPORATION, Appellant, v. UNITED STATES of America, AppelleeCourt of Appeals for the Second Circuit · 1982
  5. In Re Sealed CaseCourt of Appeals for the D.C. Circuit · 1989

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