The Duplan Corporation v. Deering Milliken, Inc.

WIDENER, Circuit Judge:

This is an interlocutory appeal, certified under 28 U.S.C. § 1292(b), from an order of the district court denying pre-trial discovery of certain documents containing the mental impressions, conclusions, opinions and legal theories of the appellees’ representatives and attorneys regarding certain prior litigation. This appeal marks the third time in the course of this litigation 1 that we have been presented with questions concerning the applicability of the work product doctrine of Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L.Ed. 451 (1947), and the scope of Rule…