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McMillan v. United States (In re APCO Liquidating Trust)

McMillan v. United States (In re APCO Liquidating Trust)

Ruling
Governmental agencies ordered to comply with trustee's subpoena for environmental remediation documentation.
Procedural posture

Plaintiff liquidating trustee in a bankruptcy debtor's case petitioned to enforce a subpoena issued to a consultant which recommended a remediation plan for environmental damage caused by the debtor's alleged disposal of hazardous materials. The consultant turned over the requested documents to defendant governmental agencies which directed the consultant to perform the site analysis, and the agencies claimed a deliberative process privilege.

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Commercial opinion summary, case decided on December 14, 2009 , LexisNexis #0110-067