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S & A Painting Co. v. O.W.B. Corp.

United States District Court for the Western District of Pennsylvania
103 F.R.D. 407 (W.D. Pa. 1984)


Facts

S & A Painting Co. (S & A) (plaintiff) brought suit against O.W.B. Corp. and Transamerica Insurance Co. (defendants) for breach of contract. At the deposition of Nick Frangopoulos, president of S & A, Frangopoulos referred to portions of handwritten notes to refresh his memory. He prepared the notes at the request of his counsel. The defendants filed a motion to compel production of all of Frangopoulos’s notes, even those not referred to in the deposition, pursuant to Rule 612 of the Federal Rules of Evidence. S & A contends that the attorney-client privilege protects the notes from disclosure.

Rule of Law

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Issue

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Holding and Reasoning (Ziegler, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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