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Burlington N. & Santa Fe Ry. Co. v. U.S. Dist. Court for the Dist. of Mont.

ELR Citation: 35 ELR 20069
Nos. No. 04-72134, (9th Cir., 03/31/2005)

The Ninth Circuit upheld a lower court discovery ruling ordering a railroad company to produce documents in an underlying action in which landowners allege that the railway intentionally dumped toxic materials on their property. The railroad company failed to produce a privilege log as to the contested documents in a timely manner. Therefore, the privileges are waived pursuant to Fed. R. Civ. P. Rules 26(b)(5) and 34.