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WAGAR v. U.S. DEPT. OF JUSTICE

No. 87-5676.

846 F.2d 1040 (1988)

Kit WAGAR and Lexington Herald Leader Co., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE and Kentucky Utilities Co., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 23, 1988.

Rehearing Denied July 25, 1988.

Attorney(s) appearing for the Case

Thomas W. Miller (argued), Miller, Griffin and Marks, Lexington, Ky., for plaintiffs-appellants.

Malcolm Y. Marshall (argued), Barnett and Alagia, David Lott Hardy, Louisville, Ky., Leonard Schaitman, Dept. of Justice, Civil Div., Mary K. Doyle (argued), Washington, D.C., for defendants-appellees.

Before LIVELY and GUY, Circuit Judges, and COHN, District Judge.

RALPH B. GUY, Jr., Circuit Judge.

In a case not presently before this court, the Department of Justice commenced antitrust proceedings against the Kentucky Utilities Company. Upon settlement of the antitrust litigation, the district court presiding over that matter issued an order directing the Department of Justice to destroy all documents (with certain exceptions) which it had obtained from Kentucky Utilities during the course of discovery proceedings. After attempting...

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