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CARDINAL MIDSTREAM II v. ENERGY TRANSFER

No. 609 WDA 2022.

295 A.3d 284 (2023)

2023 PA Super 84

CARDINAL MIDSTREAM II, LLC, individually, and per Midstream, LLC, by and through Cardinal Midstream II, LLC, its sellers representative v. ENERGY TRANSFER LP, f/k/a Energy Transfer Operating, L.P., f/k/a Energy Transfer Partners, L.P., and ETC Northeast Pipeline, LLC, f/k/a ETC Northeast Midstream, LLC, f/k/a ETC Cardinal Midstream, LLC, Appellants.

Superior Court of Pennsylvania.

Filed May 16, 2023.

Reargument Denied May 31, 2023.

Attorney(s) appearing for the Case

Laura H. McNally , Philadelphia, for appellant.

Steven N. Hunchuck , Pittsburgh, for appellant.

Casey A. Coyle , Pittsburgh, for appellees.

BEFORE: STABILE, J., SULLIVAN, J., and PELLEGRINI, J.

The substantive issue in this appeal concerns whether engineering reports required by governmental agencies are privileged work product when prepared at the direction of corporate counsel. The Appellants (Energy Transfer LP, F/K/A Energy Transfer Operating, L.P., F/K/A Energy Transfer Partners, L.P., and ETC Northeast...

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