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S. E. C. v. GULF & WESTERN INDUSTRIES, INC.

Civ. A. No. 79-3201.

518 F.Supp. 675 (1981)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. GULF & WESTERN INDUSTRIES, INC., Charles G. Bluhdorn, Don F. Gaston, Defendants.

United States District Court, District of Columbia.

July 23, 1981.

Attorney(s) appearing for the Case

A. Fred Freedman, Irving M. Einhorn, Asst. Chief Trial Attys. and Steven Rosenberg, Charles Lerner, Joseph Carney, Janet Weiss, Enforcement Division, Securities and Exchange Commission, Washington, D. C., for plaintiff.

Arthur L. Liman, Max Gitter, Moses Silverman, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant Gulf & Western Industries, Inc.

Edward Bennett Williams, Jerry L. Shulman, Williams & Connolly, Washington, D. C., for defendant Charles G. Bluhdorn.

Peter E. Fleming, Jr., John E. Sprizzo, Curtis, Mallet-Prevost, Colt & Mosle, New York City, for defendant Don F. Gaston.

MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

This opinion is concerned with troublesome and important questions relating to a long-recognized and established doctrine, the attorney-client privilege.

The questions arise from charges that the Securities & Exchange Commission (Commission or SEC) deliberately set upon and breached the privilege during the course of a three-year investigation of the financial affairs of Gulf & Western...

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