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Evidence Keyed to Sklansky
Hollins v. Powell
Citation:
773 F.2d 191 (8th Cir. 1985)Facts
Powell (Appellant) appealed from a judgment finding him and the City of Wellston liable for violating the constitutional rights of city housing commissioners including Hollins (Appellee). Before trial, Hollins sought to depose the City’s attorney. The City filed a motion to quash the deposition, which the district court denied. The district court found that the City was waiving the attorney-client privilege because it planned to use advice of counsel as a defense. At trial, the plaintiffs called Powell as a witness, and he testified about his conversations with the City’s attorney and his own attorney. The City’s attorney then provided testimony. Powell argued on appeal that the attorney’s testimony should not have been permitted at trial because it was shielded by the attorney-client privilege.
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