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United States Ninth Circuit


Burlington N. v. USDC-MT, 04-72134

In an action alleging intentional dumping of toxic materials, the district court did not err in ordering plaintiff to produce documents as to which it had untimely asserted a privilege.

Appellate Information

  • Argued 01/12/2005
  • Decided 03/31/2005
  • Published 03/31/2005

Judges

  • Before MARY M. SCHROEDER, Chief Judge, ALFRED T. GOODWIN and SUSAN P. GRABER, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • John C. Berghoff, Jr. (Argued), Mayer, Brown, Rowe & Maw LLP, Chicago, IL;  Oliver Goe (On the Briefs), Browning, Kaleczyc, Berry & Hoven, P.C., Helena, MT, for the petitioner., Julieann G. McGarry (Argued), Cok, Wheat, Brown & McGarry PLLP, Bozeman, MT;  D. Anthony West (On the Briefs), Morrison & Foerster LLP, San Francisco, CA, for the real parties in interest.

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